M/S. Bee Live Radio vs Corporation Of Kochi
2021 Latest Caselaw 13599 Ker

         IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT
               THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
      THURSDAY, THE 1ST DAY OF JULY 2021 / 10TH ASHADHA, 1943
                       WP(C) NO. 34238 OF 2016
PETITIONERS:

          M/S. BEE LIVE RADIO
          DOOR NO. 55/924 (NEW NO.28/33), G-117, PANAMPILLY
          NAGAR, KOCHI- 682 036, REPRESENTED BY ITS PROPRIETOR,
          MR. MANUEL JOSEPH, S/O. M.C. JOSEPH, AGED 69 YEARS,
          RESIDING AT MARAMATTAM HOUSE, KARAYAMKADE,
          VADAKKENCHERRY P.O.,    PALAKKAD-678 683.
          BY ADV SRI.JAGAN ABRAHAM M.GEORGE


RESPONDENT:

          CORPORATION OF KOCHI
          PARK AVENUE, ERNAKULAM, COCHIN- 682011, REPRESENTED BY
          ITS SECRETARY.

          By ADV.SMT.POOJA .K.S.

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 01.07.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 W.P.(C) No.34238/2016                        2




                                      JUDGMENT

This writ petition is filed by the petitioner seeking the following reliefs:

a) Issue a writ of mandamus or any other appropriate writ, order or direction compelling the respondent to open the petitioner's premises bearing door No.55/924 (new no.28/33) in the 2 nd floor of the building in plot No.G.117, Panampilly Nagar, Cochin Corporation, and allow it to conduct its day-today affairs in the premises and give reasonable time to obtain the Licence, if any,legally required under section 447 of the Kerala Municipalities Act.

b) Grant such other reliefs as this Honourable Court may deem fit and proper in the facts and circumstances of the case, including costs.

2. Subject issue relates to commercial activities carried out in the Panampilly

Nagar Residential Colony within the limits of the Cochin Corporation and the

consequences arose by virtue of the notice issued by the Corporation against the

commercial activities. However, later Government have issued a notification

declaring the Panampilly Nagar as 'mixed zone' with certain conditions.

3. Learned counsel for petitioner submitted that consequently the subject

matter of the writ petition has virtually become infructuous especially due to the

fact that petitioner is issued with licence by the Secretary of the Corporation of

Kochi pursuant to the Government notification.

Writ petition is disposed of accordingly.

Sd/-

                                                     SHAJI P.CHALY

smv                                                     JUDGE





                        APPENDIX OF WP(C) 34238/2016

PETITIONER ANNEXURE
EXT. P1                   THE TRUE COPY OF THE ACKNOWLEGEMENT RECEIPT
                          ISSUED DATED 17.10.2014.
EXT. P2                   THE TRUE COPY OF THE LEASE DEED DATED
                          08.08.2014.
EXT. P3                   THE TRUE COPY OF THE NOTICE BEARING NO. MOH

12/25798/15 DATED 22.07.2016 ISSUED BY THE RESPONDENT.