Thomas Joseph vs Cherthala Municipality
2022 Latest Caselaw 10401 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
            THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
        FRIDAY, THE 7TH DAY OF OCTOBER 2022 / 15TH ASWINA, 1944
                       WP(C) NO. 21322 OF 2022


PETITIONER:

            THOMAS JOSEPH
            AGED 57 YEARS, S/O.JOSEPH KOSHY
            RESIDING AT LEMON VILLA, CHERTHALA NORTH VILLAGE,
            CHERTHALA P.O., ALAPPUZHA-688 524.

            BY ADV P.B.SAHASRANAMAN



RESPONDENTS:

    1       CHERTHALA MUNICIPALITY
            REPRESENTED BY ITS SECRETARY,
            CHERTHALA P.O., ALAPPUZHA PIN-688524.

    2       REGIONAL FIRE OFFICER
            FIRE AND RESCUE SERVICES,
            KOTTAYAM-686001

    3       BEN JOSEPH KOSHY
            AGED 29 YEARS,S/O.KOSHY JOSEPH,
            RESIDING AT LEMON VILLA, CHERTHALA NORTH VILLAGE,
            CHERTHALA P.O., ALAPPUZHA-688 524.

            BY ADVS.
            GOVERNMENT PLEADER, R2
            SRI.J.OMPRAKASH, SC, CHERTHALA MUNICIPALITY
            SRI.K.RAMANADHAN




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.10.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) No.21322/2022                          2




                                  JUDGMENT

This Writ Petition is filed for direction to the first respondent

not to renew the licence granted to the Paradise Cinema Theatre in

the name of the third respondent.

2. When the Writ Petition came up for consideration today,

it has been submitted by the learned counsel for the petitioner as

well as the learned counsel for the third respondent that Fire NOC

has been issued by the second respondent.

3. Learned counsel for the petitioner submits that the Writ

Petition has become infructuous and that the petitioner is

proposing to challenge the NOC issued by the second respondent.

The Writ Petition is therefore closed without prejudice to the

right of the petitioner to challenge the Fire NOC, if advised.

Sd/-

MURALI PURUSHOTHAMAN JUDGE csl

APPENDIX OF WP(C) 21322/2022

PETITIONER'S EXHIBITS

Exhibit.P1 TRUE COPY OF THE CERTIFICATE ISSUED BY THE 1ST RESPONDENT DATED 30-04-2008

ExhibitP2. TRUE COPY OF THE LICENSE FOR EXHIBITION OF CINEMATOGRAPH SHOWS ISSUED BY THE 1ST RESPONDENT

Exhibit.P3 TRUE SCANNED COPY OF THE CERTIFICATE OF APPROVAL GRANTED BY THE 1ST RESPONDENT DATED 04-12-2017 ALONG WITH THE NO OBJECTION CERTIFICATE FOR RENEWAL, DATED 10-10-2021

Exhibit.P4 TRUE COPY OF THE JUDGMENT OF THIS HONBLE HIGH COURT IN W.P.(C)NO. 235 OF 2022 DATED 7-4-2022

Exhibit.P5 TRUE COPY OF THE PROCEEDINGS OF THE TAHASILDAR (L.R), CHERTHALA, DATED 7-03-2022

Exhibit.P6 TRUE COPY OF THE ORDER NO. 1-10899/2018, DATED 21-05-2022 PASSED BY THE 1ST RESPONDENT

ADDITIONAL DOCUMENT:

Exhibit P7 TRUE COPY OF THE LICENCE ISSUED BY THE 1ST RESPONDENT ON 8.7.2022

RESPONDENTS' EXHIBITS : NIL