Lenin Antony vs State of Kerala

Type Court Judgment Court Kerala Orders Decided Feb 14, 2023

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Citation: sooperkanoon.com/1377086
Court: Kerala Orders High Court
Judge: Honourable Mr. Justice Shaji P.Chaly
Decided On: Feb 14, 2023
Case Number: WP(C)/25299/2022

Parties & Advocates

Appellant / Petitioner

Lenin Antony

Respondent

State of Kerala

Excerpt

.....033. 3 the station house officer, thiruvananthapuram-695 309. 4 the assistant commissioner of food safety, thycaud p.o, thiruvananthapuram-695 014. 5 anchuthengu grama panchayath, represented by its secretary, thiruvananthapuram - 695309. w.p.(c.) nos. 25299 & 31873/2022 4 6 joshy joseph, s/o joseph,mj land, mampilly, thiruvananthapuram-695 309. r1 to r4 by smt. deepa narayanan, senior government pleader by adv. niharika hema raj this writ petition (civil) having come up foradmission on 14.02.2023, along with wp(c).25299/2022, the court on the same day delivered the following: w.p.(c.) nos. 25299 & 31873/2022 5judgmentthese writ petitions are materially connected in respect of opening up of a private market by the nineth respondent - i.e., one joshy joseph. in fact, on the basis of the complaint received with respect to the sale of rotten fish in the market, action was initiated by the food safety authority and the local body and the licence of the licensee namely, joshy joseph was cancelled, which is under challenge in w.p.(c.) no. 32492/2022. therefore, it can be seen that the reliefs sought for by the petitioner in these writ petitions have virtually become infructuous, consequent to the action taken by the respondents. therefore, writ petitions are dismissed as infructuous. petitioner as well as the respondents are permitted to take up all contentions in w.p.(c.) no. 32492/2022. sd/- shaji p. chaly judge dcs/14.02.2023

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE SHAJI P.CHALY TUESDAY, THE 14TH DAY OF FEBRUARY 2023 / 25TH MAGHA, 1944 WP(C) NO. 25299 OF 2022 PETITIONER: LENIN ANTONY AGED 45 YEARS S/O.ANTONY, KOPRAKOODU, BY ADV. ANIL K.MUHAMED RESPONDENTS: 1 STATE OF KERALA REPRESENTED BY SECRETARY, INDUSTRIES DEPARTMENT, GOVT. SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2 DISTRICT SINGLE WINDOW CLEARANCE BOARD, REPRESENTED BY THE CHAIRMAN, THIRUVANANTHAPURAM-695043. 3 THE DISTRICT COLLECTOR, COLLECTORATE, THIRUVANANTHAPURAM-695043. 4 THE GENERAL MANAGER, DISTRICT INDUSTRIES CENTRE, THIRUVANNATHAPURAM-695033. 5 COMMISSIONER OF FOOD SAFETY THYKKAD P.O., THIRUVANANTHAPURAM-695 014. 6 THE DEPUTY COMMISSIONER OF FOOD SAFETY (INTELLIGENCE), MOBILE VIGILANCE COURT, THIRUVANANTHAPURAM-695014.

7 ASSISTANT COMMISSIONER OF FOOD SAFETY, VANCHIYOOR P.O., THIRUVANATHAPURAM-695035. W.P.(C.) Nos. 25299 & 31873/2022 2 8 FOOD SAFETY OFFICER, NEAR ITI JUNCTION, ATTINGAL, THIRUVANANTHAPURAM-695101. 9 JOSHY JOSEPH, S/O.JOSEPH, M.J.LAND, MAMPILLY, 10 *ADDL.R10 IMPLEADED ANCHUTHENGU GRAMA PANCHAYATH, REPRESENTED BY SECRETARY, THIRUVANANTHAPRAM, PIN-695309. *ADDITIONAL R10 IMPLEADED AS PER ORDER DATED 22-08-2022 IN IA NO.1/2022. R1 TO R8 BY SMT. DEEPA NARAYANAN, SENIOR GOVERNMENT PLEADER BY ADVS.N.N.SUGUNAPALAN (SR.) NIHARIKA HEMA RAJ S.SUJIN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD

ON 14.02.2023, ALONG WITH W.P.(C.).No.31873/2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C.) Nos. 25299 & 31873/2022 3

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE MR. JUSTICE SHAJI P.CHALY TUESDAY, THE 14TH DAY OF FEBRUARY 2023 / 25TH MAGHA, 1944 WP(C) NO. 31873 OF 2022 PETITIONER: LENIN ANTONY, AGED 45 YEARS S/O.ANTONY, KOPRAKOODU, BY ADV. ANIL K.MUHAMED RESPONDENTS: 1 THE STATE POLICE CHIEF, POLICE HEADQUARTERS, THIRUVANANTHAPURAM-695 010. 2 THE SUPERINTENDENT OF POLICE (RURAL), THIRUVANANTHAPURAM-695 033. 3 THE STATION HOUSE OFFICER, THIRUVANANTHAPURAM-695 309. 4 THE ASSISTANT COMMISSIONER OF FOOD SAFETY, THYCAUD P.O, THIRUVANANTHAPURAM-695 014. 5 ANCHUTHENGU GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, THIRUVANANTHAPURAM - 695309. W.P.(C.) Nos. 25299 & 31873/2022 4 6 JOSHY JOSEPH, S/O JOSEPH,MJ LAND, MAMPILLY, THIRUVANANTHAPURAM-695 309. R1 TO R4 BY SMT. DEEPA NARAYANAN, SENIOR GOVERNMENT PLEADER BY ADV. NIHARIKA HEMA RAJ THIS WRIT PETITION (CIVIL) HAVING COME UP FOR

ADMISSION ON 14.02.2023, ALONG WITH WP(C).25299/2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C.) Nos. 25299 & 31873/2022 5

JUDGMENT

These writ petitions are materially connected in respect of opening up of a private market by the nineth respondent - i.e., one Joshy Joseph. In fact, on the basis of the complaint received with respect to the sale of rotten fish in the market, action was initiated by the Food Safety Authority and the Local Body and the licence of the licensee namely, Joshy Joseph was cancelled, which is under challenge in W.P.(C.) No. 32492/2022. Therefore, it can be seen that the reliefs sought for by the petitioner in these writ petitions have virtually become infructuous, consequent to the action taken by the respondents. Therefore, writ petitions are dismissed as infructuous. Petitioner as well as the respondents are permitted to take up all contentions in W.P.(C.) No. 32492/2022. Sd/- SHAJI P. CHALY JUDGE DCS/14.02.2023

Same Court & Year Kerala Orders · 2023 Same Parties Lenin Antony vs State of Kerala Same Judge Honourable Mr. Justice Shaji P.Chaly