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High Court of KeralaWA/922/2015closed

The Secretary, Kalpetta Municipality v. The Kerala State Beverages (Manufacturing And Marketing)

2015-08-31Honourable Mr.Justice A.M.Shaffique,Honourable The Chief Justice Mr.Ashok Bhushan2 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE THE CHIEF JUSTICE MR.ASHOK BHUSHAN & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE MONDAY, THE 31ST DAY OF AUGUST 2015/9TH BHADRA, 1937 WA.No. 922 of 2015 () IN WP(C).11365/2015 ------------------------------------------- AGAINST THE ORDER IN WP(C) 11365/2015 DATED 17.4.2015 ---------------- APPELLANTS/RESPONDENTS 2 AND 3 :- -----------------------------------

1. THE SECRETARY, KALPETTA MUNICIPALITY KALPETTA P.O., WAYANAD DISTRICT.

2. KALPATTA MUNICIPAL COUNCIL KALPATTA MUNICIPALITY, REPRESENTED BY ITS SECRETARY KALPATTA P.O, WAYANAD DISTRICT.

BY ADV. SRI.SUNNY MATHEW RESPONDENT(S)/PETITIONER AND 1ST RESPONDENT :- ------------------------------------------------

1. THE KERALA STATE BEVERAGES (MANUFACTURING AND MARKETING) CORPORATION LTD, PB.NO.2263, SASTHAKRIPA OFFICE COMPLEX, SASTHAMANGALAM P.O. TRIVANDRUM - 695 010 REPRESENTED BY ITS REGIONAL MANAGER C-2 MR.G.MOHANAN.

2. THE SECRETARY LOCAL SELF GOVERNMENT DEPARTMENT GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001. R2 BY SPL.GOVERNMENT PLEADER SMT.GIRIJA GOPAL R1 BY SRI.C.S.AJITH PRAKASH, SC THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 31-082015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: jvt

ASHOK BHUSHAN, C.J & A.M. SHAFFIQUE, J.

---------------------------------------------------------------- W.A. No.922 of 2015 --------------------------------- Dated this the 31st day of August 2015

J U D G M E N T

Ashok Bhushan, CJ.

This writ appeal has been filed by the Municipality against the interim order dated 17.4.2015 in W.P.(C) No.11365 of 2015, wherein, the learned Single Judge has directed the Corporation to continue with its business for three months.

2.

Learned counsel appearing for the Corporation submits that the Corporation has taken a decision to close down the shop in the existing premises and the Corporation shall shift the business to certain other premises. In view of the above submission made by the learned counsel for the Corporation, the relief sought for in the writ appeal has virtually become infructuous.

3.

Learned counsel for the appellants has pointed out that in view of the order passed by the Division Bench of this Court on 8.5.2015, the shop is not functioning as on date. Under such circumstances, we are of the view that this writ appeal deserves to be closed and is hereby closed. ASHOK BHUSHAN CHIEF JUSTICE A.M. SHAFFIQUE J UDGE Jvt