Reseena.K.P vs The Kuttiyattur Grama Panchayath
2022 Latest Caselaw 9322 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
               THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
     WEDNESDAY, THE 10TH DAY OF AUGUST 2022 / 19TH SRAVANA, 1944
                         WP(C) NO. 10106 OF 2021
PETITIONER:

              RESEENA.K.P.
              AGED 39 YEARS
              W/O. ABDULLAKUTTY, RUSDA RESIDENCE, ETTAYAR,
              PAVANNORMOTTA POST, KANNUR-670 602

              BY ADV.T.J.LAKSHMANA
RESPONDENTS:

     1        THE KUTTIYATTUR GRAMA PANCHAYATH
              REP. BY ITS SECRETARY, KUTTIYATTUR, KANNUR-670 602

     2        THE SECRETARY
              KUTTIYATTUR GRAMA PANCHAYATH,
              KUTTIYATTUR, KANNUR-670 602.

     3        THE STATION HOUSE OFFICER,
              MAYIL POLICE STATION, MAYIL , KANNUR-670 602.

     4        THE MEDICAL OFFICER,
              PRIMARY HEALTH CENTRE, KUTTIYATTUR, KANNUR-670 602

     5        SYYED M.V,
              DOLPHIN RESTAURANT, KUTTIYATTUR , KANNUR-670 602

     6        DR. T. BALACHANDRAN,
              CHILD SPECIALIST, S/O. LAKSHMIKUTTY AMMA, PRABHA,
              T.C. ROAD, KOOTHUPARAMBU, KANNUR-670 643

              SMT.DEEPA NARAYANAN- SR. GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
10.08.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 10106 OF 2021
                                       2


                                 JUDGMENT

This writ petition is filed with the following prayers:

"I) Issue a writ of mandamus or other appropriate writ or direction commanding the respondent No.1 to 3 to close down the restaurant run by the 5 th respondent in the building of the 6th respondent."

2. when this writ petition is came up for consideration on

27.04.2021 this Court passed the following order:

"Admit.

Issue notice by speed post to respondents 1, 2, 5 and

6. The learned Government Pleader takes notice on behalf of respondents 3 and 4.

In the meantime, respondent No.2 is directed to verify whether the business of the 5 th respondent is being carried on without licence/permit required under law. If there is no such licence/permit, appropriate action will be initiated by the 2nd respondent."

Today, when the matter came up for consideration, the

learned counsel appearing for the 5th respondent submitted that

the 5th respondent obtained necessary permit from the Panchayat

to conduct hotel. If that is the case, the prayers in this writ

petition are infructuous. If the petitioner is aggrieved by the WP(C) NO. 10106 OF 2021

license issued to the 5th respondent petitioner is free to challenge

the same in accordance with law. With the above observation, this

writ petition is closed.

Sd/-

P.V.KUNHIKRISHNAN JUDGE nak WP(C) NO. 10106 OF 2021

APPENDIX OF WP(C) 10106/2021

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF THE COMPLAINT DATED 16.3.2020 FILED BY MR. ABDULLA KUTTY, BEFORE THE 1ST RESPONDENT.

EXHIBIT P2 TRUE COPY OF THE REPORT ISSUED BY THE 4TH RESPONDENT DATED 21.1.2021.

EXHIBIT P3 TRUE COPY OF THE REPORT DATED 8.2.2021 ISSUED BY ASST. SCIENTIST OF THE KERALA STATE POLLUTION CONTROL BOARD.