The Mananthavady Municipality vs K. U. Haneefa
2023 Latest Caselaw 8548 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
              THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI
                                    &
                    THE HONOURABLE MR.JUSTICE V.G.ARUN
          Monday, the 7th day of August 2023 / 16th Sravana, 1945
                             WA NO. 635 OF 2023

    AGAINST JUDGMENT DATED 10.02.2023 IN WP(C) 9962/2021 OF THIS COURT

APPELLANTS/RESPONDENTS 1 TO 3:

  1. THE MANANTHAVADY MUNICIPALITY, REPRESENTED BY ITS SECRETARY,
     MANANATHAVADY, WAYANAD DISTRICT - 670645.
  2. THE SECRETARY, MANANTHAVADY MUNICIPALITY, MANANATHAVADY, WAYANAD
     DISTRICT - 670645.
  3. THE ASSISTANT ENGINEER, MANANTHAVADY MUNICIPALITY, MANANTHAVADY,
     WAYANAD DISTRICT- 670645.

BY ADV.SRI. S.M.PRASANTH

RESPONDENT/PETITIONER/4TH RESPONDENT:

  1. K. U. HANEEFA, AGED 39 YEARS, S/O UMMER, KANDANGIL HOUSE, ERUMATHERU
     POST, MANANATHAVADY- 670645, WAYANAD DISTRICT.
  2. STATE OF KERALA, REPRESENTED BY PRINCIPAL SECRETARY, DEPARTMENT OF
     LOCAL SELF GOVERNMENT, SECRETARIAT, THIRUVANANTHAPURAM-695001.

BY ADV.SRI. S.KRISHNA PRASAD FOR R1

GOVERNMENT PLEADER FOR R2

     Prayer for interim relief in the Writ Appeal stating that in the
circumstances stated in the appeal memorandum, the High Court be pleased
to stay the operation of Judgment dated 10.02.2023 in W.P.(C) No.9962 of
2021 pending disposal of the writ appeal, in the interest of justice.

     This Writ Appeal coming on for admission on 07/08/2023 upon perusing
the appeal memorandum, the court on the same day passed the following:




                                                                    P.T.O.
                        A. J. DESAI, C. J. & V. G. ARUN, J.
                      =============================
                              W. A. No. 635 of 2023
                      =============================
                       Dated this the 7th day of August, 2023

                                     ORDER

A. J. Desai, C. J.

Admit.

2. We heard the learned Advocates appearing for the

respective parties.

No case is made out for an interim relief since the provisions

relied upon by the Municipality, i.e. bye law No. 82, prima facie,

would not be applicable in the present case, as the application is

for renewal of license of a fish stall, which is in existence and

license had already been issued.

Sd/-

A. J. DESAI CHIEF JUSTICE

Sd/-

V. G. ARUN JUDGE Eb

07-08-2023 /True Copy/ Assistant Registrar