Abdul Razack vs The Health Supervisor
2021 Latest Caselaw 4677 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

          THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR

     TUESDAY, THE 09TH DAY OF FEBRUARY 2021 / 20TH MAGHA,1942

                        WP(C).No.3326 OF 2021(M)


PETITIONER/S:

                ABDUL RAZACK,AGED 55 YEARS
                S/O.ABOOBACKER, HOLLOW WAY ROAD
                THALASSERY 670 101

                BY ADVS.
                SRI.T.P.SAJID
                SMT.SHIFA LATHEEF

RESPONDENT/S:

      1         THE HEALTH SUPERVISOR
                THALASSERY MUNICIPALITY, THALASSERY 670 101.

      2         THE SECRETARY
                THALASSERY MUNICIPALITY, THALASSERY 670 101.

      3         THE CHAIRPERSON
                MUNICIPAL COUNCIL, THALASSERY 670 101.


OTHER PRESENT:

                SC: SRI.I.V PRAMOD

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
09.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.3326 OF 2021(M)                   2




                                    JUDGMENT

Against Ext.P8 notice of closure received by the petitioner, he has preferred

Ext.P9 appeal before the 3rd respondent. The limited prayer of the petitioner is for

a direction to the 3rd respondent to consider and pass orders on Ext.P9 appeal

expeditiously, after hearing the petitioner.

2. Heard the learned counsel for the petitioner and Sri.I.V.Pramod, the

learned Standing Counsel for the respondents.

On a consideration of the facts and circumstances of the case and the

submissions made across the Bar, I dispose the writ petition with a direction to the

respondent to consider and pass orders on Ext.P9 appeal preferred by the

petitioner within a period of six weeks from the date of receipt of a copy of this

judgment, after hearing the petitioner. It is made clear that till such time as

orders are passed by the 3rd respondent as directed and the order communicated

to the petitioner, coercive steps pursuant to Ext.P8 notice shall not be pursued as

against the petitioner. The petitioner shall produce a copy of the writ petition

together with a copy of this judgment before the 3 rd respondent for further action.

Sd/-

A.K.JAYASANKARAN NAMBIAR JUDGE

sd

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE PARTNERSHIP DEED DATED 23.9.2006

EXHIBIT P2 TRUE COPY OF THE LETTER DATED 18.11.2020

EXHIBIT P3 TRUE COPY OF THE DEMAND DRAFT DATED 1/12/2020

EXHIBIT P4 TRUE COPY OF THE NOTICE DATED 24.11.2020

EXHIBIT P5 TRUE COPY OF THE LETTER DATED 29.12.2020 ISSUED BY THE 1ST RESPONDENT.

EXHIBIT P6 TRUE COPY OF THE APPEAL DATED 15/1/2021

EXHIBIT P7 TRUE COPY OF THE RECEIPT DATED 15/1/2021

EXHIBIT P8 TRUE COPY OF THE NOTICE DATED 11.1.2021 ISSUED BY THE 2ND RESPONDENT.

EXHIBIT P9 TRUE COPY OF THE INTERLOCUTORY APPLICATION IN APPEAL DATED 27.1.2021

EXHIBIT P10 TRUE COPY OF THE RECEIPT DATED 27.1.2021