The Kerala State Co-Operative Consumers v. the Secretary,Guruvayoor Municipality

Kerala HC9 Jul 2012WP(C)/9870/2008

Case brief

AI extract

What is this about?

In this writ petition challenging the rejection of an application for a shop licence, the Court noted that an interim order granting a provisional licence had already been issued. As the licensed period had expired and the shop was functioning, the Court made the interim order absolute and closed the writ petition without further orders.

What did the court decide?

Interim order made absolute; writ petition closed with no further orders.

The Kerala State Co-Operative Consumers Vs the… — Property and Title | Kerala HC (2012)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR.JUSTICE ANTONY DOMINIC

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MONDAY, THE 9TH DAY OF JULY 2012/18TH ASHADHA 1934

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WP(C).No. 9870 of 2008 (Y)

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PETITIONER :

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THE KERALA STATE CO-OPERATIVE CONSUMERS' FEDERATION LTD., GANDHI NAGAR, KOCHI-682 020 REPRESENTED BY ITS MANAGING DIRECTOR.

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BY ADVS.SRI.M.SASINDRAN SRI.TOJAN J. VATHIKULAM SRI.JOY GEORGE, SC

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RESPONDENT(S):

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1. THE SECRETARY,

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GURUVAYOOR MUNICIPALITY, GURUVAYOOR,

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THRISSUR DISTRICT.

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2. THE GURUVAYOOR MUNICIPALITY,

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GURUVAYOOR, REPRESENTED BY ITS SECRETARY.

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R1 & R2 BY ADV. SRI. K.K. CHANDRAN PILLAI, SC

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09-07-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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...2/-

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WP(C).No. 9870 of 2008 (Y)

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APPENDIX

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PETITIONER'S EXHIBITS :

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EXT.P1 : TRUE COPY OF THE LEASE DEED DATED 17-8-2007 BETWEEN THE PETITIONER AND THE OWNERS OF THE BUILDING.

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EXT.P2 : TRUE COPY OF THE APPLICATION ALONG WITH THE CONSENT LETTER.

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EXT.P3 : TRUE COPY OF THE ORDER DATED 3-3-2008 ISSUED BY THE FIRST RESPONDENT.

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EXT.P4 : TRUE COPY OF THE APPLICATION DATED 6-3-2008 SUBMITTED BY THE PETITIONER BEFORE THE INFORMATION OFFICER OF THE 2ND RESPONDENT MUNICIPALITY.

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EXT.P5 : TRUE COPY OF THE REPLY TO THE EXHIBIT P4 REQUEST SUBMITTED BY THE PUBLIC INFORMATION OFFICER, GURUVAYOOR MUNICIPALITY.

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EXT.P6 TRUE COPY OF THE NEWS PAPER PUBLICATION IN MANGALAM DAILY DATED 7-3-2008.

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EXT.P7 TRUE COPY OF THE RELEVANT EXTRACT FROM THE GENERAL GUIDELINES REGARDING RESIDENTIAL ZONES.

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RESPONDENT'S EXHIBITS : NIL

//TRUE COPY//

P.S. TO JUDGE

ANTONY DOMINIC, J.

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W.P.(C) NO.9870 OF 2008(Y)

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Dated this the 9^th day of July, 2012

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J U D G M E N T

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Ext.P2 application made by the petitioner for licence to establish a Thriveni supermarket was rejected by Ext.P3 order. It is challenging that order the writ petition was filed.

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According to the learned counsel for the petitioner by order dated 7.4.2008, this court also directed that provisional licence be granted.. It is also his case that shop is still functioning in the premises in question. However, from Ext.P2, the application which lead to the order of rejection, it is seen that the period for which the licence was applied for was 2007-08. Therefore,in view of the interim order already granted, no further orders are necessary in this writ petition.

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Therefore, making the interim order absolute, the writ petition is closed.

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(ANTONY DOMINIC) JUDGE

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vi/

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WPC.No.

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:2 :

The Kerala State Co-Operative Consumers v. the Secretary,Guruvayoor Municipality

Case brief

What is this about?

What did the court decide?

The Kerala State Co-Operative Consumers v. the Secretary,Guruvayoor Municipality

Case brief

What is this about?

What did the court decide?

What the court decided

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