K.P.Basheer vs Kotayam Municipality
2022 Latest Caselaw 1290 Ker

                   IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                     PRESENT

                    THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

              FRIDAY, THE 28TH DAY OF JANUARY 2022 / 8TH MAGHA, 1943

                              WP(C) NO. 21033 OF 2016

PETITIONER:

               K.P.BASHEER, AGED 60 YEARS,
               S/O.PAREED KUNJU, KOCHU PARAMBIL HOUSE, TAZHATANGADI PO,
               KOTTAYAM DISTRICT.

               BY ADVS.SRI.JOY GEORGE
               SRI.C.X.ANTONY BENEDICT
               SMT.TANYA JOY



RESPONDENTS:

     1         KOTAYAM MUNICIPALITY, REPRESENTED BY ITS SECRETARY,
               KOTTAYAM MUNICIPALITY, KOTTAYAM-686 001.

     2         THE CHAIRMAN, KOTTAYAM MUNICIPALITY, KOTTAYAM- 686 001.

               BY ADVS. SRI.S.RANJIT (KOTTAYAM)
               SRI.SIBY CHENAPPADY, SC, KOTTAYAM MUNICIPALITY - R1




      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28.01.2022, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 21033 OF 2016
                                      :: 2 ::




                                  JUDGMENT

Dated this the 28th day of January 2022

This writ petition is filed by the petitioner seeking the following

reliefs:

i) issue a writ of mandamus, order or direction directing the respondents not to ban evening fish marketing in the Municipality.

ii) issue a writ of mandamus, order or direction directing the respondents to allow the merchants to conduct the fish marketing as per the terms and conditions in Ext.P1.

iii) issue a writ of mandamus, order or direction directing the respondents to afford an opportunity to raise the grievance of the petitioner and other likeminded persons and further directed to issue notice before implementing any coercive steps such as banning of fish sale in the evening by fixing time etc.

2. However, today when the matter was taken up, Sri.Joy George,

learned counsel appearing for the writ petitioner submitted that the

writ petition has virtually become infructuous.

Therefore, writ petition is dismissed as infructuous.

SD/-

SHAJI P. CHALY JUDGE jes