Shamsheer K vs The Secretary, Kannur ...
2022 Latest Caselaw 12148 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
        THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 22ND DAY OF DECEMBER 2022 / 1ST POUSHA, 1944
                    WP(C) NO. 31466 OF 2013
PETITIONER/S:

            SHAMSHEER K., S/O. LATE UMMER KUNHI, KUNDIL
            HOUSE, ANAYIDUKKU, KANNUR CITY, KANNUR -3.
            BY ADVS.
            SMT.VIDHYA. A.C
            SRI.A.C.VENUGOPAL


RESPONDENT/S:

    1       THE SECRETARY, KANNUR MUNICIPALITY
            KANNUR MUNICIPAL OFFICE, P.B. NO. 39, KANNUR -
            670 001.
    2       K. ZUBAIDA
            D/O. UMMERKUNHI, KUNDIL HOUSE, ANAYIDUKKU KANNUR
            CITY, KANNUR -3.
    3       CHERIYANDI MUSTHAFA
            S/O. LATE PADIKKAL ABOOBACKER, MUZHTHADAM ROAD,
            MAZHAR COLLEGE, P.O. TANA, KANNUR - 12.
            BY ADVS.
            SMT.S.AMBILY
            SRI.ARUN ANTONY
            SRI.K.S.BALAKRISHNAN
            SRI.K.K.CHANDRAN PILLAI SR.
            SRI.S.K.MADHU
            SRI.K.SHRIHARI RAO
            SMT.K.V.SHENU
            SRI.THOMAS JAMES MUNDACKAL
            SMT.M.MEENA JOHN, SC, KANNUR MUNICIPAL
            CORPORATION
     THIS    WRIT   PETITION    (CIVIL)     HAVING    COME    UP    FOR
ADMISSION    ON   22.12.2022,    THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
                                                      -2-
W.P.(C). No. 31466 of 2013



                             P.V.KUNHIKRISHNAN, J.
                             ======================================================

                              W.P.(C) No. 31466 of 2013
                         =============================================================

                 Dated this the 22nd day of December, 2022

                                          JUDGMENT

The above writ petition is filed with following prayers:

"(a) issue a writ in the nature of mandamus directing the 1st respondent to issue license to the petitioner for starting a stationary and readymade shop, as the petitioner is entitled to start business in the building No. CW 35/568 as per the judgement in R.C.A 137/2008 of the learned District Judge, Thalassery.

(b) issue such other and further writ order or direction which this Hon. Court may be pleased to issue in the facts and circumstances of the case,

(c) issue an interim direction to the 1st respondent to grant license to the petitioner for starting a stationary and readymade shop provisionally subject to the result of the final decision in the writ petition.

(d) and award the petitioner his cost in the W.P.(c) from the contesting respondents." (sic)

2. This writ petition is filed for issuing direction to the 1 st

respondent to issue licence to the petitioner to start a stationary

and ready made shop. No interim order is passed in this case.

W.P.(C). No. 31466 of 2013

This writ petition is pending before this Court from 2013

onwards. Probably, the prayers in this writ petition might have

been infructuous. The counsel for the petitioner submitted that,

there is no instruction from the client.

Therefore, this writ petition is dismissed for non

prosecution.

sd/-

P.V.KUNHIKRISHNAN JUDGE das