Suneer Ismail vs The Kerala State Beverages ...
2021 Latest Caselaw 206 Ker

WP(C).No.14925 OF 2017(S)        -1-

              IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

           THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR

                                   &

              THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

    TUESDAY, THE 05TH DAY OF JANUARY 2021 / 15TH POUSHA, 1942

                       WP(C).No.14925 OF 2017(S)


PETITIONER/S:

                SUNEER ISMAIL
                AGED 39 YEARS,S/O.P.M.ISMAIL,PUTHENCHIRA PUTHEN
                VEEDU,THIRUMALA WARD,CHUNGAM,ALAPPUZHA.

                BY ADV. SRI.J.OM PRAKASH

RESPONDENT/S:

       1        THE KERALA STATE BEVERAGES CORPORAITON LTD
                REPRESENTED BY ITS MANAGING
                DIRECTOR,PALAYAM,THIRUVANANTHAPURAM-695076.

       2        THE SHOP IN CHARGE
                THE KERALA STATE BEVERAGES CORPORATION LTD,OUTLET
                NO.04012,CHUNGAM,ALAPPUZHA PO-688502.

       3        THE DISTRICT POLICE CHIEF
                ALAPPUZHA PO-688501.

       4        THE CIRCLE INSPECTOR OF POLICE
                ALAPPUZHA SOUTH PO,PIN-688502.

       5        THE ALAPPUZHA MUNICIPALITY
                REPRESENTED BY ITS SECRETARY,ALAPPUZHA PO,PIN-
                688501.

                R1-2 BY SRI.NAVEEN.T., SC, KERALA STATE BEV.CO. M.
                AND M.
                R3-4 BY GOVERNMENT PLEADER
                R5 BY SHRI.R.AZAD BABU, SC, ALAPPUZHA MUNICIPALITY

OTHER PRESENT:

                SRI.T.NAVEEN, SC FOR R1 AND R2, SRI. TEK CHAND, SR
                GP FOR R3 AND R4, SRI.R.AZAD BABU, SC FOR R5
 WP(C).No.14925 OF 2017(S)    -2-

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.14925 OF 2017(S)             -3-




                               JUDGMENT

Dated this the 5th day of January, 2021

S. Manikumar, C. J.

Challenging the functioning of a beverages outlet without

obtaining license from the Municipality, instant writ petition has been

filed seeking the following reliefs:-

"i) To issue a writ in the nature of mandamus or any other appropriate writ or order directing respondents 1 & 2 to close down the outlet functioning in the building No. 9/627 of the Alappuzha Municipality forthwith.

ii) To direct the respondents 3 & 4 to withdraw the police protection granted to the outlet of the respondents functioning in building Nos. 9/627 immediately.

iii) To direct the respondents 1 & 2 to pay the cost to the petitioner."

2. Mr. J. Omprakash M. A., learned counsel for the petitioner

submitted that the writ petition has become infructuous.

Placing on record the submission of the learned counsel for the

petitioner, the writ petition is dismissed as infructuous.

Sd/-

S. MANIKUMAR CHIEF JUSTICE

Sd/-

SHAJI P. CHALY JUDGE

Eb

///TRUE COPY///

P. A. TO JUDGE

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE NOTICE DATED 24.4.2017 ISSUED BY THE 5TH RESPONDENT

EXHIBIT P2 TRUE COPY OF THE REPRESENTATION DATED 26/4/2017.