Kerala High Court
Abdul Saleem A vs State Of Kerala on 2 July, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SATHISH NINAN
FRIDAY, THE 2ND DAY OF JULY 2021 / 11TH ASHADHA, 1943
WP(C) NO. 11538 OF 2021
PETITIONER:
ABDUL SALEEM A.
AGED 44 YEARS
S/O.ALIYARIKUTTY, SALEEM MANZIL, VADAKKUMTHALA, KIZHAKKU
(P.O.), KARUNGAPALLY, KOLLAM DISTRICT, PIN - 690 536.
BY ADV NIREESH MATHEW
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF
LOCAL SELF GOVERNMENT INSTITUTIONS, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695 001.
2 THE DISTRICT MEDICAL OFFICER
OFFICE OF THE DISTRICT MEDICAL OFFICER, KOLLAM, PIN - 691
001.
3 THE HEALTH INSPECTOR
PUBLIC HEALTH CENTRE, CHAVARA, KOLLAM DISTRICT, PIN - 691
583.
4 PANMANA GRAMA PANCHAYATH
EDAPPALIKOTTA (P.O.), KOLLAM DISTRICT, PIN - 691 583,
REPRESENTED BY ITS SECRETARY.
5 THE SECRETARY, PANMANA GRAMA PANCHAYATH
EDAPPALLIKOTTA (P.O.), KOLLAM DISTRICT, PIN - 691 583.
6 SIYAD
PUTHENPURAYIL HOUSE, PARAMBIMUKKU WARD, VADAKKUMTHALA
KIZHAKKU (P.O.), KARAUNGAPPALLY, KOLLAM DISTRICT, PIN- 690
536.
WP(C) NO. 11538 OF 2021 -2-
7 SHAMLA SIYAD
W/O.SIYAD, PUTHENPURAYIL HOUSE, PARAMBIMUKKU WARD,
VADAKKUMTHALA KIZHAKKU (P.O.), KARAUNGAPPALLY, KOLLAM
DISTRICT, PIN - 690 536.
BY ADVS.
K.P.SATHEESAN (SR.)
S.VIBHEESHANAN
P.MOHANDAS (ERNAKULAM)
K.SUDHINKUMAR
S.K.ADHITHYAN
SABU PULLAN
GOKUL D. SUDHAKARAN
GOVT. PLEADER SRI.RAVIKRISHNAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
02.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
SATHISH NINAN, J.
==================
W. P. (C) No.11538 of 2021
==================
Dated this the 2nd day of July, 2021
JUDGMENT
The writ petition was filed aggrieved by the
illegal conduct of a fish market by respondents 6
and 7 in the property adjacent to the residence of
the petitioner.
2. The Standing Counsel for the Panchayat, on
10.06.2021 reported before this Court that the
functioning of the business in question was without
licence and a stop memo has been issued as against
respondents 6 and 7. Now a counter affidavit has
been placed on record wherein it has been affirmed
that the illegal fish market run by respondents 6
and 7 has been stopped by the Panchayat with the
assistance of the police and that, as of now, the
market in question is not functioning. It is also
asserted that illegal conduct of business by
respondents 6 and 7 will not be permitted. In view
thereof, the cause of action for the writ petition
does not survive and the writ petition is
W. P. (C) No.11538 of 2021
accordingly closed.
The learned counsel appearing for respondents 6
and 7 submits that an application has been
submitted by them before the Panchayat seeking
issuance of licence for their business. Needless to
say that the same will be considered independent of
the present proceedings.
Sd/-
SATHISH NINAN
JUDGE
kns/-
//True Copy//
P.S. to Judge
APPENDIX OF WP(C) 11538/2021
PETITIONER ANNEXURE
Exhibit P1 TRUE PHOTOCOPY OF THE STANDING DISABILITY
ASSESSMENT BOARD CERTIFICATE DATED 06/01/2021
ISSUED BY A.A.RAHIM MEMORIAL DISTRICT
HOSPITAL, KOLLAM.
Exhibit P2 TRUE PHOTOCOPY OF THE COMPLAINT DATED
09/04/2021.
Exhibit P3 TRUE PHOTOCOPY OF THE REPLY ISSUED BY THE 2ND
RESPONDENT DATED 07/05/2021 ALONG WITH THE
REPORT OF THE 3RD RESPONDENT.
Exhibit P4 TRUE PHOTOCOPY OF THE NOTICE ISSUED BY THE
5TH RESPONDENT DATED 27/04/2021.
-----
