Cinderella Alex v. The Alappuzha Muncipality

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE K.T.SANKARAN MONDAY, THE 16TH DAY OF FEBRUARY 2015/27TH MAGHA, 1936 WP(C).No. 33063 of 2014 (G) PETITIONER:

CINDERELLA, AGED 62 YEARS W/O.ALEX VARGHESE, RESIDING AT ITHIKAYIPURAM HOUSE THATHAMPALLY P.O., ALAPPUZHA.

BY ADV. SRI.P.SHANES METHAR RESPONDENTS:

1. THE ALAPPUZHA MUNICIPALITY REPRESENTED BY ITS SECRETARY, M.O.WARD, ALAPPUZHA - 688 001.

2. THE SECRETARY ALAPPUZHA MUNICIPALITY, M.O.WARD, ALAPPUZHA - 688 001.

3. JOSEPH VARGHESE ITHIKAYIPURATHIL PROPRIETOR BROTHERS CATERING KARALAKOM WARD, THATHAMPALLY P.O., ALAPPUZHA - 688 126.

R1 AND R2 BY ADV. SRI.AZAD BABU, SC, ALAPPUZHA MUNICIPALITY THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16-02-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 33063 of 2014 (G) APPENDIX PETITIONER'S EXHIBITS EXHIBIT P1:

TRUE COPY OF THE NOTICE NO. H3-H2-13511/14 DATED 24/07/2014 ISSUED BY THE 2ND RESPONDENT.

RESPONDENT'S EXHIBITS: NIL //TRUE COPY// AHZ/

K.T.SANKARAN, J.

------------------------------------------------------ W.P.(C) NO.33063 of 2014 (G) ------------------------------------------------------ Dated this the 16th day of February, 2015

JUDGMENT

The relief prayed for in the Writ Petition is to issue a writ of mandamus directing respondents 1 and 2 (The Alappuzha Municipality and the Secretary of the Municipality) to take steps pursuant to Ext.P1 notice issued by the first respondent for the closure of the catering unit run by the third respondent without complying with the hygienic conditions. The learned counsel appearing for respondents 1 and 2 submitted that the third respondent has subsequently closed down the catering unit. The petitioner has no instruction with respect to the same.

2. Recording the submission made by the learned counsel for respondents 1 and 2, the Writ Petition is closed as unnecessary. If the petitioner finds that the catering unit run by the third respondent is not closed down, the petitioner would be free to file a

W.P.(C) NO.33063 of 2014 (G) :: 2 ::

memo in this Writ Petition within a period of one month, in which case, the Writ Petition will stand revived.

(K.T.SANKARAN) Judge ahz/