Kunhalavi Karippayi vs State Of Kerala
2024 Latest Caselaw 11879 Ker

Kerala High Court

Kunhalavi Karippayi vs State Of Kerala on 3 May, 2024

Author: Kauser Edappagath

Bench: Kauser Edappagath

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
            THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
      FRIDAY, THE 3RD DAY OF MAY 2024 / 13TH VAISAKHA, 1946
                       WP(C) NO. 16878 OF 2024
PETITIONER:

             KUNHALAVI KARIPPAYI, AGED 58 YEARS, S/O ABDU, WITH
             PERMANENT RESIDENCE AT THEKKEDATH KARIPPAYI,
             KURUPOYIL, KALIKAVU, VELLAYUR, MALAPPURAM DISTRICT,
             PIN - 679 327

             BY ADVS.
             ADITHYA RAJEEV
             S.PARVATHI


RESPONDENTS:

     1       STATE OF KERALA, REPRESENTED BY SECRETARY TO
             GOVERNMENT, HOME DEPARTMENT, SECRETARIAT,
             THIRUVANANTHAPURAM DISTRICT., PIN - 695 001

     2       DEPARTMENT OF FIRE AND RESCUE SERVICES, GOVERNMENT
             OF KERALA, REPRESENTED BY THE DIRECTOR GENERAL,FIRE
             FORCE JUNCTION,PULIMOODU P.O,THIRUVANANTHAPURAM
             DISTRICT., PIN - 695 001

     3       REGIONAL FIRE OFFICER, FIRE AND RESCUE SERVICE,
             PALAKKAD, REGIONAL FIRE OFFICE, CIVIL STATION P.O,
             PALAKKAD DISTRICT., PIN - 678 001

     4       DISTRICT FIRE OFFICER, OFFICE OF THE DISTRICT FIRE
             OFFICER,MUNDUPARAMBU P.O,MALAPPURAM DISTRICT., PIN -
             676 509

     5       KALIKAVU GRAMA PANCHAYATH, REPRESENTED BY ITS
             SECRETARY, KALIKAVU P.O., MALAPPURAM DISTRICT, PIN -
             676 525



             SR. GP SRI. E.G GORDEN SC- SRI. EBIN MATHEW


         THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   03.05.2024,    THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 W.P.(C)No.16878 of 2024

                              ..2..




                   JUDGMENT

The petitioner owns an auditorium by the name and style

"BB Auditorium and Panchami Annex". The Panchayath

issued a stop memo to the petitioner stating that he does not

posses NOC from the Department of Fire and Rescue

Services. Thereafter, the petitioner filed Ext.P3 application

before the Second Respondent to issue NOC. The limited

prayer of the petitioner is to give a direction to the Second

Respondent to consider and pass orders on Ext.P3.

Having heard the learned Government Pleader and the

learned Standing Counsel for the Respondent No.5, this writ

petition is disposed of with a direction to the second

respondent to consider and dispose of Ext.P3 application

within a period of one month from the date of receipt of a

certified copy of this judgment.

Sd/-

DR. KAUSER EDAPPAGATH JUDGE PR

..3..

APPENDIX OF WP(C) 16878/2024

PETITIONER EXHIBITS

Exhibit-P1 A TRUE COPY OF THE NOTICE DATED 25.03.2024 ISSUED BY THE SECRETARY OF THE 5TH RESPONDENT

Exhibit-P2 A TRUE COPY OF THE FIRE AND SAFETY INSTALLATION CERTIFICATE DATED 16.08.2020 ISSUED BY FOCUS FIRE AND SAFETY SOLUTIONS

Exhibit-P3 A TRUE COPY OF THE RELEVANT PAGES OF THE APPLICATION DATED 28.03.2024 SUBMITTED BY THE PETITIONER BEFORE THE FIRE AND RESCUE DEPARTMENT

Exhibit-P4 A TRUE COPY OF THE REPLY DATED 02-04- 2024 SUBMITTED BY THE PETITIONER BEFORE THE SECRETARY OF THE 5TH RESPONDENT ALONG WITH ACKNOWLEDGMENT RECEIPT DATED 03-04-2023 ISSUED THEREON

Exhibit-P5 A TRUE COPY OF THE JUDGMENT DATED 12- 04-2024 IN W.P(C) NO. 15520 OF 2024 OF THIS HON'BLE COURT

Exhibit-P6 A TRUE COPY OF THE COMMUNICATION DATED 22-04-2024 ISSUED BY THE ASSISTANT STATION OFFICER, FIRE AND RESCUE STATION, THIRUVALI TO THE 3RD RESPONDENT