Dismissed
Varghese T.J. v. Changanassery Municipality
Kerala HCWP(C)/18266/2019
Case brief
from the order text
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COURT OF KERALA AT ERNAKULAM PRESENT THE…
What the court decided
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This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
TUESDAY, THE 02ND DAY OF FEBRUARY 2021 / 13TH MAGHA,1942 WP(C).No.18266 OF 2019(G)
PETITIONER:
VARGHESE T.J. AGED 49 YEARS @ SAJI VARGHESE, S/O. DEVASSY JOSEPH, REEMS OUTDOOR CATERING AND BAKERY, NEAR ARAMANAPADI, CHANGANASSERY, KOTTAYAM DISTRICT-686101.
BY ADVS. SRI.PEEYUS A.KOTTAM SHRI.ANSU VARGHESE
RESPONDENTS:
1 CHANGANASSERY MUNICIPALITY, REPRESENTED BY ITS SECRETARY, CHANGANASSERY P.O, PIN686101.
2 ELSY ANTONY, AGED 72 YEARS, W/O. LATE T.C. ANCONY, THAIPARAMBIL HOUSE, PALACE ROAD, VAZHAPPILLY EAST VILLAGE, CHANGANASSERY-686101.
R1 BY ADV. SRI.M.P.MADHAVANKUTTY, SC R2 BY ADV. SRI.LIJI.J.VADAKEDOM
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.18266 OF 2019(G)
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W.P.(C) No.18266 of 2019
J U D G M E N T
The learned counsel for the petitioner submits that the writ petition has become infructuous. In the light of the submission made by the learned counsel for the petitioner, this writ petition is dismissed as infructuous.
Sd/-
P.B.SURESH KUMAR
Mn
JUDGE
WP(C).No.18266 OF 2019(G)
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APPENDIX
PETITIONER'S EXHIBITS:
| EXHIBIT P1 | THE TRUE COPY OF THE R.C.A 17/2015 FILED BY THE PETITIONER IS PENDING BEFORE THE RENT CONTROL APPELLATE AUTHORITY, KOTTAYAM. |
|---|---|
| EXHIBIT P2 | THE TRUE COPY OF THE LICENSE ISSUED BY THE 1ST RESPONDENT MUNICIPALITY TO THE PETITIONER DATED 08.05.2015. |
| EXHIBIT P3 | TRUE COPY OF THE RECEIPT DATED 10.03.2017 FOR THE YEAR 2017-18. |
| EXHIBIT P4 | TRUE COPY OF THE RECEIPT DATED 06.02.2019 FOR THE YEAR 2018-19. |
| EXHIBIT P5 | TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER ON 22.06.2019. |
| EXHIBIT P6 | TRUE COPY OF THE RECEIPT BEARING NO.9353 TOWARDS THE REPRESENTATION. |
| EXHIBIT P7 | TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE MUNICIPALITY IN THE PROPER FROM ON 27.06.2019. |
| EXHIBIT P8 | TRUE COPY OF THE RECEIPT NO.9632 ISSUED BY THE MUNICIPALITY ACKNOWLEDGING THE ACCEPTANCE OF THE PETITIONERS APPLICATION. |
| EXHIBIT P9 | TRUE COPY OF THE PROFESSIONAL TAX RECEIPT DATED 15.06.2019 FOR THE YEAR 2016-2017 TO 2019-2020. |
| EXHIBIT P10 | TRUE COPY OF THE JUDGMENT IN RC 17/2015 DATED 20/12/2019 PASSED BY THE RENT CONTROL APPELLATE AUTHORITY, KOTTAYAM |
| RESPONDENT'S/S EX | HIBITS: |
| EXHIBIT R2 A | THE COPY OF THE NEWS REPORT THAT APPEARED IN MALAYALA MANORAMA DAILY DATED 13.6.2019 REGARDING THE ISSUE OF SELLING FOOD ITEMS WHICH ARE NOT FIR FOR CONSUMPTION. |
| EXHIBIT R2 B | THE COPY OF THE MAHAZAR DATED 11.6.2019 |
| PREPARED WITH RESPECT TO THE INSPECTION CONDUCTED AT THE SHOP OF THE PETITIONER |
WP(C).No.18266 OF 2019(G)
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EXHIBIT R2 C THE COPY OF THE PROCEEDINGS NO-H1-8786/2019 DATED 11.6.2019 OF THE SECRETARY,CHANGANACHERRY MUNICIPALITY.
EXHIBIT R2 D THE COPY OF THE REPORT DATED 11.6.2019 SUBMITTED BY THE JUNIOR HEALTH INSPECTOR,CHANGANACHERRY MUNICIPALITYN TO THE SECRETARY CHANGANACHERRY MUNICIPALITY EXHIBIT R2 E THE COPY OF THE COMPLAINT DATED 12.6.2019 SUBMITTED BY THE SECRETARY, CHANGANACHERRY MUNICIPALITYN BEFORE THE CI OF POLICE,CHANGANACHERRY. EXHIBIT R2 F THE COPY OF THE SETTLEMENT DEED NO1580/2017 OF THE SRO,CHANGANACHERRY. EXHIBIT R1A TRUE COPY OF THE PROCEEDINGS ISSUED BY THIS RESPONDENT BEARING NO.H1-8786/2019 DATED 11/6/2019 EXHIBIT R1B TRUE COPY OF THE PROCEEDINGS PREPARED ON 11/6/2019
//TRUE COPY// PA TO JUDGE
VARGHESE T.J.
CHANGANASSERY MUNICIPALITY
ELSY ANTONY
P.B.SURESH KUMAR
As recorded by the court registry
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