The Court ordered the 2nd respondent to consider and pass appropriate orders on the petitioner's representation regarding the demolition of his shack, to be disposed of within two weeks.
Directive to the 2nd respondent to consider the representation and pass orders within two weeks.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
FRIDAY ,THE 01ST DAY OF FEBRUARY 2019 / 12TH MAGHA, 1940 WP(C).No. 2979 of 2019
PETITIONER/S:
GOPAKUMAR A., GOKUTZ HOMEMADE FOOD SERVICES, MGP XVII/89, NALLATHANNI ROAD, MUNNAR, IDUKKI-685612.
BY ADVS. SRI.P.RAMAKRISHNAN SMT.ASHA K.SHENOY SMT.PREETHI RAMAKRISHNAN (P-212) SRI.C.ANIL KUMAR SRI.PRATAP ABRAHAM VARGHESE SRI.T.C.KRISHNA
RESPONDENT/S: 1 THE SUB COLLECTOR, MUNNAR, IDUKKI-655613.
2 THE DISTRICT COLLECTOR, IDUKKI COLLECTORATE, PAYINAVU P.O., IDUKKI-685603.
OTHER PRESENT:
SR. GP B. VINOD
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.02.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 2979 of 2019
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JUDGMENT
The petitioner has approached this Court
seeking the following reliefs:
“a. A writ of mandamus or any other appropriate writ or order directing the respondents to allow the petitioner to conduct the business of serving homemade food at Echo Point, Maduppatty from the shack put up by him.
b. Hold that the action of the 1st respondent demolishing the petitioner's shack used for serving homemade food is arbitrary and illegal.
c. A writ of mandamus or any other appropriate writ or order directing the 2nd respondent to take up and dispose of Exhibit P8 representation forthwith.”
petitioner and the learned Government Pleader.
for the petitioner that the petitioner has
submitted Ext.P8 representation before the 2nd respondent.
There will be a direction to the 2nd
respondent to take up, consider and pass
WP(C).No. 2979 of 2019
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appropriate orders on Ext.P8 representation, within a period of two weeks from the date of receipt of a copy of this judgment.
The writ petition is ordered accordingly.
Sd/-
ANU SIVARAMAN
sab
JUDGE
WP(C).No. 2979 of 2019
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APPENDIX
PETITIONER'S/S EXHIBITS:
| EXHIBIT P1 | LICENSE DATED 14.9.2018 ISSUED BY THE MUNNAR GRAMA PANCHAYATH TO THE PETITIONER |
|---|---|
| EXHIBIT P2 | TRUE COPY OF IDENTITY CARD ISSUED BY THE FOOD SAFETY OFFICER TO THE PETITIONER |
| EXHIBIT P3 | TRUE COPY OF CERTIFICATION OF SANITARY ARRANGEMENT ISSUED BY THE HEALTH INSPECTOR, DEVIKULAM TO THE PETITIONER |
| EXHIBIT P4 | TRUE COPY OF LETTER DATED 20.7.2018 FROM THE PRESIDENT, DEVIKULAM PANCHAYATH TOT HE SPECIAL TAHSILDAR, MUNNAR |
| EXHIBIT P5 | TRUE COPY OF NEWSPAPER REPORT WHICH APPEARED IN MALAYALA MANORAMA DAILY DATED 30.12.2018 |
| EXHIBIT P6 | TRUE COPY OF QUERY DATED 1.1.2019 MADE UNDER THE RIGHT TO INFORMATION ACT BEFORE THE REVENUE DIVISIONAL OFFICER, DEVIKULAM |
| EXHIBIT P7 | TRUE COPY OF REPLY GIVEN BY THE STATE PUBLIC INFORMATION OFFICER, REVENUE DIVISIONAL OFFICE, DEVIKULAM |
| EXHIBIT P8 | TRUE COPY OF REPRESENTATION DATED 1.1.2019 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT |
1 issue framed by the court
Whether the petitioner should be directed to allow the 2nd respondent to dispose of the representation submitted regarding the shack demolition.
Gopakumar A.
The Sub Collector, Munnar
The District Collector, Idukki
Anu Sivaraman
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
