Suresh C.P vs State Of Kerala
2024 Latest Caselaw 10911 Ker

Kerala High Court

Suresh C.P vs State Of Kerala on 12 April, 2024

Author: P.V.Kunhikrishnan

Bench: P.V.Kunhikrishnan

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
          THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
     FRIDAY, THE 12TH DAY OF APRIL 2024 / 23RD CHAITHRA, 1946
                      WP(C) NO. 40192 OF 2016
PETITIONER:

             SURESH C.P.
             AGED 43, S/O.LATE PURUSHOTHAMA PANICKER
             CHAYILLATH, VENGALLOOR P.O. THODUPUZHA,
             IDUKKI DISTRICT.
             BY ADVS.
             SRI.V.RAJENDRAN (PERUMBAVOOR)
             SRI.GEORGE VARGHESE KIZHAKKAMBALAM
             SRI.N.RAJESH

RESPONDENTS:

      1      STATE OF KERALA
             REPRESENTED BY PRINCIPAL SECRETARY
             LOCAL ADMINISTRATION DEPARTMENT, SECRETARIAT,
             THIRUVANANTHAPURAM-695001.
      2      THE SECRETARY
             THODUPUZHA MUNICIPALITY
             MUNICIPAL OFFICE, THODUPUZHA-685584.
      3      MR.PRASAD
             AGED 43, S/O.SAHADEVAN PALAMPARAMBIL,
             VENGALLOOR P.O. THODUPUZHA-685584.
      4      ASSISTANT COMMISSIONER OF FOOD SAFETY
             OFFICE OF THE FOOD SAFETY COMMISSIONER
             OLAMATTAM, THODUPUZHA-685584.
      5      DISTRICT MEDICAL OFFICER (HEALTH)
             THODUPUZHA, IDUKKI DISTRICT-685584.
             BY ADVS.SRI.B.S.SYAMANTAK, GP
             SRI.UNNIKRISHNAN.V.ALAPATT,SC,TPA.MUNIC
             SRI.BIJU MEENATTOOR
             SMT.A.PARVATHI MENON
             SRI.P.SANJAY
             SRI.UNNIKRISHNAN.V.ALAPATTSCTPA.MUNIC


       THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON    12.04.2024,   THE   COURT    ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C).No.40192/2016

                                  2




                   P.V.KUNHIKRISHNAN, J.
                    --------------------------------
                   W.P.(C).No.40192 of 2016
             ----------------------------------------------
            Dated this the 12th day of April, 2024


                           JUDGMENT

This writ petition is filed with following prayers:

i. To issue a writ of mandamus or any other appropriate writ order or direction directing the 2nd respondent to take immediate and effective action to close down the restaurant run by the 3 rd respondent in room No.1683 of Ward No.VI of Thodupuzha Municipality, illegally and without licence.

ii. To issue a writ of mandamus or any other appropriate writ order or direction directing the 2nd respondent to ensure that no business is being carried on by the 3rd respondent in room No.1683 of Ward VI of Thodupuzha Municipality without obtaining licence.

iii. To grant such other reliefs which this Hon'ble Court deems fit and proper in the circumstances of the case.

(SIC)

2. When this writ petition came up for consideration

on 17.12.2016, this Court passed the following order:

"Admit.

Government Pleader takes notice for R1, R4 and R5. Issue notice to R2 and R3.

The official respondents 2 and 5 shall ensure that the business carried on by the 3rd respondent is with due license and if not, the same shall be stopped forthwith."

3. In the light of the above order, no further order is

necessary.

Recording the order dated 17.12.2016, this writ petition

is closed.

sd/-

P.V.KUNHIKRISHNAN JV JUDGE

APPENDIX OF WP(C) 40192/2016

PETITIONER EXHIBITS P1 TRUE COPY OF THE SHOWING THE NATURE AND CONDUCT OF THE RESTAURANT BY R3. P2 TRUE COPY OF THE PETITION FILED BY THE PETITIONER ON 8-11-16 UNDER THE RIGHT TO INFORMATION ACT BEFORE R2. P3 TRUE COPY OF THE REPLY BEARING NO.H2- 23700/16 DT.29-11-16.

P4 TRUE COPY OF THE PETITION FILED BY THE PETITIONER BEFORE R2 ON 8-11-16. P5 TRUE COPY OF THE RECEIPT BEARING NO.23697 DT.8-11-16 ISSUED BY R2. RESPONDENT'S EXHIBITS EXT.R3(A) COPY OF THE APPLICATION DATED 23.12.2016 EXT.R3(B) COPY OF THE CERTIFICATE OF REGISTRATION DATED 11.01.2016 VALID UP TO 10.01.2021