A writ petition challenging inaction against an unlicensed liquor vendor was disposed of after the first respondent established that the premises had been abandoned and no business was conducted there.
Writ petition disposed of by recording that no illegal activities were carried on in the erstwhile tea shop.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE DAMA SESHADRI NAIDU
FRIDAY, THE 13TH DAY OF MARCH 2015/22ND PHALGUNA, 1936
WP(C).No. 21877 of 2013 (H)
PETITIONER:-
THANKAMMA M AGED 56 YEARS D/O.THOOMBAN, POTTENNALIKKAL HOUSE, PALLIKKAL MALAPPURAM DIST
BY ADVS.SRI.C.M.KAMMAPPU
SRI.MANSOOR.B.H.
RESPONDENTS:
R3 BY ADV. SRI.P.K.MOHAMED JAMEEL R1 BY ADV. SRI.K.T.SHYAMKUMAR R1 BY ADV. SRI.HARISH R. MENON R1 BY ADV. SMT.K.N.ABHA R1 BY ADV. SMT.ANU ASHOK R BY G. GOPAKUMAR, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13-03-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 21877 of 2013 (H)
APPENDIX
PETITIONER'S EXHIBITS :
P1:-TRUE COPY OF THE COMMUNICATION DTD 3/9/2012 ISSUED TO THE PETITIOENR FROM HON'BLE CHIEF MINISTERS PUBLIC GRIEVANCE REDRESSAL CELL.
P2:-TRUE COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONER BEFORE THE FIRST RESPONDENT.
RESPONDENTS' EXHIBITS: NIL
/True Copy/
P.A to Judge.
rv
DAMA SESHADRI NAIDU, J.
W.P. (C) No. 21877 of 2013 (H)
Dated this the 13th day of March, 2015.
JUDGMENT
Heard the learned counsel for the petitioner and the
learned counsel for the first respondent, apart from perusing
the record. None appears for the 3rd respondent.
petition questioning the inaction of respondents 1 and 2 in taking action against the 3rd respondent, who is allegedly
selling liquor in his tea stall without any licence of whatever nature.
“It is submitted that at present the shed is in a totally dilapidated condition and no business activities whatsoever is being carried out in the shed. The shed is in an abandoned condition and the allegations if any have become infructuous at present. Now there is no tea shop or any other business activity in the shed.”
W.P.(C). No. 21877/2013 -2-
that in view of the express averments made in the counter affidavit filed by the first respondent, the writ petition may be closed duly recording the averments made in the counter affidavit.
In the facts and circumstances, having regard to the respective submissions of the learned counsel for the petitioner and the learned counsel for the first respondent, this Court disposes of the writ petition placing on record the averments made by the first respondent Grama Panchayath that no illegal activities are being carried on in the erstwhile tea shop, against which the petitioner has complained.
sd/- DAMA SESHADRI NAIDU, JUDGE.
rv
W.P.(C). No. 21877/2013 -3-
2 issues framed by the court
Whether the writ petition questioning inaction regarding alleged unlicensed liquor sale stands disposed of given the abandonment of the premises.
Whether the allegations against the fourth respondent have become infructuous due to the dilapidated state of the tea shop shed.
THANKAMMA M
PALLIKKAL GRAMA PANCHAYATH
STATION HOUSE OFFICER
SUBRAMANYAN
DAMA SESHADRI NAIDU
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
