Kerala High Court
R.Anantha Kamath vs The Managing Director, Consumer Fed on 20 May, 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
MONDAY, THE 20TH DAY OF MAY 2024 / 30TH VAISAKHA, 1946
WP(C) NO. 11584 OF 2017
PETITIONER:
R.ANANTHA KAMATH
AGED 60 YEARS, S/O. RANAANATHA KAMATH, CC
8/2168 B,KILIKAR ROAD, KOCHI - 682020.
BY ADVS.
SRI.C.R.SANISH
SRI.KARTHIK S. ACHARYA
RESPONDENTS:
1 THE MANAGING DIRECTOR, CONSUMER FED
KERALA STATE CO-OPERATIVE CONSUMERS FEDERATION
LTD.
2 THE EXCISE COMMISSIONER
COMMISSIONERATE OF EXCISE, THIRUVANANTHAPURAM.
3 MATTANCHERRY ZONAL OFFICE
COCHIN MUNICIPAL CORPORATION, REPRESENTED BY
HEALTH OFFICER.
4 CORPORATION OF COCHIN
REPRESENTED BY IT SECRETARY, ERNAKULAM.
5 REGIONAL TOWN PLANNING OFFICER
REGIONAL TOWN PLANNING OFFICE, DISTRICT
PLANNINGCOUNCIL SECRETARIAT, 4TH FLOOR, CIVIL
STATION, KAKKANAD,ERNAKULAM - 682030.
6 DIRECTOR GENERAL
DEPARTMENT OF FIRE AND RESCUE SERVICES, KERALA
FIRE ANDRESCUE SERVICES HEAD QUARTERS, FIRE
FORCE JUNCTION, PULIMOOD P.O,
THIRUVANANTHAPURAM - 695 001.
7 SREEKANTH
AGED 48 YEARS
S/O.MANI, AGED 48 YEARS, CC NO- 8/947 JAWAHAR
ROAD,PANDIKUDI, FORTKOCHI.
WP(C)No.11584/2017
..2..
BY ADVS.
C.N.PRABHAKARAN
SRI.M.SASINDRAN, SC, CONSUMERFED
SRI.B.S.SYAMANTAK, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 20.05.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C)No.11584/2017
..3..
P.V.KUNHIKRISHNAN, JUDGE
=========================
W.P(C) No.11584 of 2017
==========================
Dated this the 20th day of May, 2024
JUDGMENT
The above writ petition is filed with following
prayers:
"a) Issue a writ of mandamus or any other
appropriate writ or order or direction and thereby
direct the 3rd & 4th respondents to enquire into
Ext. P-7 complaint lodged by petitioner and take
necessary action to stop the illegal functioning of
the 1st respondent's abkari shop for Vending and
storage of IMFL by considering the provisions of
EXT. P5 and P5(a).
b) Direct the 6th respondent to take appropriate
safety measures prescribed as per Ext P4, in
functioning Abkari Shop in the building bearing
no. CC 8/947, Pandikudy Fort Kochi.
c)Grant such other reliefs which are just and
necessary in the interest of justice"(sic)
2. The main grievance is against the alleged
illegal functioning of a shop run by the 1 st respondent.
This writ petition is pending before this Court from 2017
onwards. If there is any surviving grievance to the
petitioner, petitioner can file appropriate representation
before the competent authority among respondents and
..4..
the competent authority among respondents will do the
needful, in accordance with law.
With the above observations, this writ petition is
disposed of.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
ACR
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APPENDIX OF WP(C) 11584/2017
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE ORDER DATED
25.03.2017, INTIMATING THE REJECTION
FOR THE APPLICATION OF D & O LICENSE
OF 1ST RESPONDENT.
EXHIBIT P2 TRUE COPY OF THE NOTICE DATED
27.03.2017 ISSUED BY 3RD RESPONDENT.
EXHIBIT P3 TRUE COPY OF THE MANUFACTURE STORAGE
AND IMPORT OF HAZARDOUS CHEMICAL RULES
1989.
EXHIBIT P4 TRUE COPY OF THE MINIMUM FIRE SAFETY
GUIDELINES FOR HAZARDOUS BUILDING
PRESCRIBED BY 6TH RESPONDENT.
EXHIBIT P5 TRUE COPY OF THE RELEVANT PAGE OF
PROVISION SHOWING STRUCTURAL
PAN(GENERAL TOWN PLANNING SCHEME) FOR
KOCHI SHOWING THE RELEVANT PROVISION.
EXHIBIT P5(A) TRUE COPY OF THE CENTRAL CITY
STRUCTURAL PLAN SHOWING THE SUB GROUP
AND INDEX.
EXHIBIT P6 TRUE COPY OF THE LETTER DATED
29.03.2017 BEARING NO CFED/MD/2016-17
ISSUED BY 1ST RESPONDENT.
EXHIBIT P7 TRUE COPY OF THE COMPLAINT DATED
30.03.2017 FILED WITH 3RD & 4TH
RESPONDENT.
EXHIBIT P8 TRUE COPY OF THE RECEIPT DATED
30.03.2017 ISSUED FROM 3RD RESPONDENT.
