Kerala High Court
Daniel vs The Kollam Corporation on 4 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
THURSDAY, THE 4TH DAY OF APRIL 2024 / 15TH CHAITHRA, 1946
WP(C) NO. 27742 OF 2017
PETITIONER:
DANIEL
AGED 54 YEARS
S/O.LATE JOHN, VAHID COTTAGE, CANTONMENT SOUTH,
KOLLAM.
BY ADVS.
SRI.GEORGE SEBASTIAN
SRI.AKSHAY AJAYAKUMAR
RESPONDENTS:
1 THE KOLLAM CORPORATION
REPRESENTED BY ITS SECRETARY, KOLLAM-691001.
2 THE SECRETARY
KOLLAM CORPORATION-691001.
3 KAREEPRA CHICKEN
R.R.CHICKEN CORNER, KADAPPAKKADA, KOLLAM,
REPRESENTED BY ITS PROPRIETOR, DINANAYAKAN,
KAREEPRA CHICKEN, R.R.CHICKEN CORNER,
KADAPPAKKADA, KOLLAM-691007.
4 R.R.POULTRY FARM
RANDAMKUTTY MARKET, KILIKOLLOOR P.O., KOLLAM,
REPRESENTED BY ITS PROPRIETOR, DINANAYAKAN,
R.R.POULTRY FARM, RANDAMKUTTY MARKET, KILIKOLLOOR
P.O., KOLLAM-691006.
5 R.R.POULTRY FARM
ERAVIPURAM, THANNI, KOLLAM, REPRESENTED BY ITS
PROPRIETOR, DINANAYAKAN,R.R.POULTRY FARM,
ERAVIPURAM, THANNI, KOLLAM-691004.
BY ADVS.
SRI.M.K.CHANDRA MOHAN DAS,SC
SRI.S.SREEKUMAR (KOLLAM) - 1 & 2
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 04.04.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C) No.27742 of 2017
2
P.V.KUNHIKRISHNAN, J.
---------------------------------------------
W.P.(C) No. 27742 of 2017
------------------------------------------------------
Dated this the 04th day of April, 2024.
JUDGMENT
This writ petition is filed by the petitioner
seeking the following reliefs:
"i. To issue a writ of mandamus, order or
direction to respondents 1 and 2 to ensure that
respondents 3 to 5 do not engage in sale of chicken
within the limits of the 1 st respondent corporation
illegally and without obtaining statutory license from
the competent authority.
ii. To issue a writ of mandamus, order or
direction to the 2nd respondent to consider and pass
orders on Exhibit P4 representation within a time
limit to be fixed by this Hon'ble Court.
iii. To grant such other reliefs as this
Honourable Court may deem fit and proper."[SIC]
2. When this Writ petition came up for
consideration on 22.08.2017, this Court passed the
following order:
"Admit.
Sri.M.K.Chandra Mohan Das learned Standing
Counsel appears for R1 and R2. Issue notice to R3 to
R5.
The 2nd respondent, Secretary shall verify
whether the activity carried on by respondents 3 to 5
is with proper license and if not, the same shall be
stopped forthwith."
3. Even now, the service to respondents 4 and
5 is not complete. I think this Writ petition can be
closed recording the interim order and if any action is
taken against respondents 3 to 5, notice should be
given to them.
Therefore, this Writ petition is disposed of
recording the order dated 22.08.2017 with a condition
that, if any action is to be taken against respondents 3
to 5, notice should be given to them.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
DM
APPENDIX OF WP(C) 27742/2017
PETITIONER EXHIBITS
EXHIBIT P1 A TRUE COPY OF THE APPLICATION FILED
BY THE PETITIONER DATED NIL UNDER
THE PROVISIONS OF THE RIGHT TO
INFORMATION ACT.
EXHIBIT P2 A TRUE COPY OF THE REPLY DATED 27-2-
2017 ISSUED UNDER THE RIGHT TO
INFORMATION ACT FROM THE OFFICE OF
THE 1ST RESPONDENT.
EXHIBIT P3 A TRUE COPY OF THE NEWS REPORT
PUBLISHED IN MALAYALA MANORAMA DAILY
DATED 25-12-2014.
EXHIBIT P4 A TRUE COPY OF THE REPRESENTATION
DATED 4-8-2017 SUBMITTED BY THE
PETITIONER.
RESPONDENTS EXHIBITS: NIL
//TRUE COPY//
PA TO JUDGE
