The Chairman , Thykkattu Dewaswom ... vs The Secretary, Corporation Of ...
2021 Latest Caselaw 13774 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
               THE HONOURABLE MR.JUSTICE N.NAGARESH
     FRIDAY, THE 2ND DAY OF JULY 2021/11TH ASHADHA, 1943
                      WP(C) NO. 185 OF 2021


PETITIONER:

         THE CHAIRMAN, THYKKATTU DEWASWOM TRUST,
         VENNALA P.O., KOCHI-682 028,
         REP. BY TGN KUMAR.

         BY ADV P.S.BIJU


RESPONDENTS:

    1    THE SECRETARY,
         CORPORATION OF KOCHI,
         ERNAKULAM, KOHI-682 011.

    2    THE HEALTH OFFICER,
         CORPORATION OF KOCHI,
         ERNAKULAM, KOCHI-682 011.

    3    THE HEALTH INSPECTOR,
         CORPORATION OF KOCHI,
         EDAPPALLY ZONE, KOCHI-682 011.

    4    THE COMMISSIONER OF POLICE,
         COCHIN CITY, ERNAKULAM,
         KOCHI-682 031.

    5    THE STATION HOUSE OFFICER,
         PALARIVATTOM POLICE STATION,
         KOCHI-682 025.

    6    ANSAR.M.A.,
         A.V.FRUITS AND VEGETABLE,
         THURUTHEL ROAD, VENNALA P.O.,
         KOCHI-682 028.

    7    VALLAKKADAVU FISH,
         THURUTHEL ROAD, VENNALA P.O.,
         KOCHI-682 028.
 WP(C) No.185/2021

                            2




    8     SHAMEER P.S., FAMILY FRUITS,
          FISH AND CHICKEN, THURUTHEL ROAD,
          VENNALA P.O., KOCHI-682 028.

    9     FARMS FRESH, THURUTHEL ROAD,
          VENNALA P.O., KOCHI-682 028.

    10    SUNIL M.N.,
          (MUNDIYAPARAMBIL VEETTIL,
          MANALVAYAL P.O., SULTHAN BATTERY,
          WAYANAD), FRUIT AND VEGETABLE STALL
          NO.42/769(B), VENNALA P.O., KOCHI-682 028.

    11    SAJEEV, (PUTHENPURAYIL HOUSE,
          THURAVUR), HOTEL NO.42/769(B),
          VENNALA P.O., KOCHI-682 028.

          BY ADVS.
          R1-R3 SRI.K.ANAND
          R4-R5 GOVERNMENT PLEASER SRI MANU RAJ
          R8 - SRI.K.MOHANAKANNAN
          R8-SMT.A.R.PRAVITHA
          R8-SMT.D.S.THUSHARA
          R8-SRI.H.PRAVEEN (KOTTARAKARA)
          R8-SMT.T.V.NEEMA

     THIS WRIT PETITION (CIVIL) HAVING COME UP         FOR
ADMISSION ON 02.07.2021, THE COURT ON THE SAME         DAY
DELIVERED THE FOLLOWING:
 WP(C) No.185/2021

                                  3




                              JUDGMENT

Dated this the 2nd day of July, 2021

This writ petition was filed by the petitioner seeking to

direct the respondents 1 to 3 to close down the shops run

by the respondents 6, 8, 10 and 11 which were found to be

conducted without licence and in premises constructed

without licence. The petitioner further sought for a direction

to respondents 1 to 3 to demolish the unauthorised

constructions without licence as found in Ext.P3

proceedings.

2. When this writ petition came up for hearing

today, the learned counsel for the petitioner submitted that

pursuant to the directions in C.O.C. No. 791/2021, the

respondents have closed all the shops which were being

run without licence and therefore the petitioner does not

want to prosecute this writ petition further. WP(C) No.185/2021

Recording the submission made by the learned

counsel for the petitioner, this writ petition is disposed of.

Sd/-

N. NAGARESH JUDGE ncd/02.07.2021 WP(C) No.185/2021

APPENDIX OF WP(C) 185/2021

PETITIONER's EXHIBITS

EXHIBIT P1 TRUE COPY OF THE JUDGMENT IN WPC NO.3414/2020 DATED 26.02.2020. EXHIBIT P2 TRUE COPY OF THE JUDGMENT IN COC NO.1112/2020 IN WPC NO.3414/2020 DATED 24.09.2020.

EXHIBIT P3 TRUE COPY OF THE PROCEEDINGS NO.MOH13/004584/2020 DATED 18/12/2020.

EXHIBIT P4 TRUE COPY OF THE ENGLISH TRANSLATION OF EXT.P3.

RESPONDENTS' EXHIBITS

EXHIBIT R1(a) TRUE COPY OF THE NOTICE NO.ISO/MOH13/004585/2020 DATED 19.03.2020.