Citation : 2022 Latest Caselaw 6819 Ker
Judgement Date : 14 June, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
TUESDAY, THE 14TH DAY OF JUNE 2022 / 24TH JYAISHTA, 1944
WP(C) NO. 18945 OF 2022
PETITIONER:
RAMU.R,
AGED 41 YEARS
S/O. GOPALAN, 3/4B, THEKKETHERUVIL,
ELOOR SOUTH, UDYOGAMANDAL,
ERNAKULAM, PIN 683 501.
BY ADV LIJOY P.VARGHESE
RESPONDENTS:
1 STATE OF KERALA,
REP. BY THE PRINCIPAL SECRETARY,
SECRETARIAT, LOCAL SELF GOVERNMENT DEPARTMENT,
THIRUVANANTHAPURAM- 695 001.
2 COCHIN MUNICIPAL CORPORATION,
REP. BY ITS SECRETARY, PARK AVENUE ROAD,
NEAR ERNAKULAM BOAT JETTY,
ERNAKULAM DISTRICT, PIN 682 011.
3 TOWN VENDING COMMITTEE,
REP. BY ITS CHAIRPERSON, COCHIN MUNICIPAL CORPORATION,
PARK AVENUE ROAD, NEAR ERNAKULAM BOAT JETTY,
ERNAKULAM DISTRICT, PIN 682 011.
GP SRI JIMMY GEORGE
SRI.JANARDHANA SHENOY SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
14.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 18945 OF 2022
2
JUDGMENT
The grievance of the petitioner in the present writ petition
is non issuance of licence/certificate of vending despite having
submitted an application as noticed in the communication dated
19.11.2021 Ext.P1 of Secretary of Municipal Corporation.
2. The facts in brief are that the petitioner is a stationary
vendor selling tender coconut and sugar cane juice on the road
side on the southern side of the international stadium,
Ernakulam. On 19.11.2021 an application was submitted for
issuance of a licence or certificate of vending before Cochin
Municipal Corporation and Town Vending Committee,
respondent Nos.2 and 3 vide Ext.P1, but except communication
that petitioner would receive an intimation from the head of the
department, no headway has been made.
3. I am of the view that this is fit case where mandamus
is required to be issued to respondent Nos.2 and 3.
Respondents 2 and 3 are directed to take a call on the WP(C) NO. 18945 OF 2022
application of the petitioner and pass orders thereon in
accordance with law ie., after affording an opportunity of
hearing either through virtual or physical mode within a period
of 45 days from the receipt of the certified copy of this
judgment.
Writ petition is disposed off.
Sd/-
AMIT RAWAL JUDGE nak WP(C) NO. 18945 OF 2022
APPENDIX OF WP(C) 18945/2022
PETITIONER EXHIBITS
Exhibit P1 THE TRUE COPY OF THE RECEIPT WITH REFERENCE NO. 3619 DATED 19.11.2021 ISSUED AT THE TIME OF FILING THE APPLICATION.
Exhibit P2 THE TRUE COPY OF THE AADHAR CARD OF THE PETITIONER.
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