Kerala High Court
Joshy Joseph vs Anilkumar on 11 November, 2019
Author: Devan Ramachandran
Bench: Devan Ramachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
MONDAY, THE 11TH DAY OF NOVEMBER 2019 / 20TH KARTHIKA, 1941
WP(C).No.28892 OF 2019(J)
PETITIONER:
JOSHY JOSEPH
AGED 28 YEARS
S/O JOSEPH,MARY JESPIN LAND,
MAMPALLY,ANCHUTHENGU.P.O,
THIRUVANANTHAPURAM-695001.
BY ADV. SRI.S.SUJIN
RESPONDENTS:
1 ANILKUMAR
AMBADY HOUSE, KAYIKKARA,
PROPRIETOR MATHE ICE PLANT, ANCHUTHENGU.P.O,
THIRUVANANTHAPURAM-695001.
2 JACSON,
S/O PAULOSE, PUTHEMMANNU HOUSE,
ANCHUTHENGU.P.O, THIRUVANANTHAPURAM-695001.
3 SECRETARY,
ANCHUTHENGU GRAMA PACHAYATH,
ANCHUTHENGU.P.O,THIRUVANANTHAPURAM-695001.
4 SUB INSPECTOR OF POLICE,
ANHUTHENGU POLICE STATION, ANCHUTHENGU,
THIRUVANANTHAPURAM-695001.
5 STATE OF KERALA,
REPRESENTED BY SECRETARY,
LOCAL SELF GOVERNMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695001.
R1 BY ADV. SRI.VAKKOM N.VIJAYAN
R1 BY ADV. SMT.V.RENJU
R1 BY ADV. SRI.P.ANIYAN
R1 BY ADV. SMT.PRIYA NAIR
SR.GP.SRI.RAJASEKHARAN NAIR,
SC FOR R3 ADV. VINOD SINGH CHERIAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
11.11.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.28892 OF 2019(J)
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JUDGMENT
The petitioner has approached this Court alleging that a Fish Market is being run by respondents 1 and 2, within the territorial confines of Anchuthengu Grama Panchayat, without obtaining the necessary and imperative licences, consents and permissions. The petitioner prays that the Secretary of the said Panchayat, namely the 3rd respondent herein, and the 4th respondent-Sub Inspector Police, be directed to take appropriate action to shutdown the said illegal activity.
2. When this matter was taken up today, the learned Standing Counsel for the Panchayat-Sri.Vinod Singh Cheriyan submitted that the allegations of the petitioner have been found to be credible and therefore, that they have already taken action to shutdown the illegally operated Fish Market. He adds that the Panchayat will ensure that no such illegal activities are conducted by any person, including respondents 1 and 2, without obtaining necessary licences and consents in future.
3. The learned counsel appearing for respondent No.1, Sri.Vakkom Vijayan, submits that his client is not involved in the alleged illegal market in any manner, and that he is not WP(C).No.28892 OF 2019(J) 3 conducting any such activity, as has been alleged by the petitioner. He, therefore, prays that this writ petition be dismissed as against his client.
4. Even though notice has been attempted to be served on respondent No.2, he has chosen to refuse the same when a special messenger deputed from this Court tried to serve it on him; and I am, therefore, constrained to dispose of this writ petition without hearing his version.
5. When I consider the afore submissions, it is without doubt that the specific stand of the Panchayat is that the alleged Fish Market was being operated, without requisite licences and consents and that a stop memo has already been therefore, issued.
6. In such view of the matter, I do not see any reason why this writ petition should be kept pending any further, particularly when the learned counsel for respondent No.1 asserts that no such activity is being conducted by his client.
In the afore circumstances, I order this writ petition and direct respondents 3 and 4 to ensure that conduct of the illegal WP(C).No.28892 OF 2019(J) 4 Fish Market, as has been alleged by the petitioner, is stopped fully and that it is not allowed to operate in future, unless the concerned person/s takes necessary licences, consents and permissions.
Sd/-
DEVAN RAMACHANDRAN
nak JUDGE
WP(C).No.28892 OF 2019(J)
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APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE LICENSE DATED
17.06.2019
EXHIBIT P2(A) PHOTOGRAPHS SHOWING THE PRIVATE MARKET
CONDUCTED BY RESPONDENTS 1 AND 2
FUNCTIONING IN FULL SWING.
EXHIBIT P2(B) PHOTOGRAPHS SHOWING THE PRIVATE MARKET
CONDUCTED BY THE RESPONDENTS 1 AND 2
FUNCTIONING IN FULL SWING.
EXHIBIT P2(C) PHOTOGRAPHS SHOWING THE PRIVATE MARKET
CONDUCTED BY THE RESPONDENTS 1 AND 2
FUNCTIONING IN FULL SWING.
EXHIBIT P3 A TRUE COPY OF THE COMPLAINT FILED BY
THE PETITIONER BEFORE THE 3RD RESPONDENT DATED 22.10.2019.
EXHIBIT P4 A TRUE COPY OF THE COMPLAINT DATED 23.10.2019 SUBMITTED BEFORE THE 4TH RESPONDENT.
EXHIBIT P5 A RECEIPT DATED 02.10.2019 ISSUED BY THE 2ND RESPONDENT JACKSON TO A LEADER FOR THE RECEIPT OF MONEY FOR THE FISH HE HAS S0LD.
//TRUE COPY// P.A TO JUDGE