Citation : 2022 Latest Caselaw 7285 Ker
Judgement Date : 23 June, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 23RD DAY OF JUNE 2022 / 2ND ASHADHA, 1944
WP(C) NO. 11119 OF 2013
PETITIONERS:
1 AADIT RAVI
AGED 22 YEARS
S/O.BINDU LEKHA, RESIDING AT FIELD VIEW,
THAVAKKARA, KANNUR 1.
2 O.C.BINDU LEKHA
D/O.BHASKARA, RESIDING AT FIELD VIEW,
THAVAKKARA, KANNUR 1.
BY ADVS.
SRI.K.C.SANTHOSHKUMAR
SMT.K.K.CHANDRALEKHA
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
LOCAL SELF GOVERNMENT, SECRETARIAT,
THIRUVANATHAPURAM 695 001.
2 KANNUR MUNICIPALITY
REPRESENTED BY ITS SECRETARY, KANNUR 670 001.
BY ADVS.
SRI.K.K.CHANDRAN PILLAI (SR.)
SMT.S.AMBILY
SMT.M.MEENA JOHN, SC, KANNUR MUNICIPALITY
OTHER PRESENT:
SMT.VIDYA KURIAKOSE, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 23.06.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C).No.11119/2013
2
P.V.KUNHIKRISHNAN, J.
--------------------------------
W.P.(C).No.11119 of 2013
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Dated this the 23rd day of June, 2022
JUDGMENT
This writ petition is filed with following prayers:
i. Issue a declaration that the petitioners are entitled to continue the trade in vegetables from the premises bearing No. TV 40/27642/2012 of Kannur Municipality invoking the principles of deemed licence as provided under Section 447 and 448 of the Kerala Municipality Act. ii. To direct the respondent No. 2 not to take any coercive action against the petitioners in respect of the trade being conducted at the premises bearing No. TV 40/27642/2012 during the currency of the deemed licence acquired by the petitioners on the basis of the application bearing No. H2-27642/2012 dated 28.12.2012. iii. To grant such other and further reliefs this Hon'ble Court may deem fit and proper in the interest of justice.
(SIC)
2. When this writ petition came up for consideration,
the learned Standing Counsel for the Municipality submitted W.P.(C).No.11119/2013
that probably the prayers in this writ petition may be
infructuous. This Court is also of the view that the prayers are
infructuous.
Therefore, this writ petition is dismissed as infructuous.
sd/-
P.V.KUNHIKRISHNAN JV JUDGE
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