IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 37521 of 2008(S)
1. P.ABUBACKKER, PULLORCHANGADAN HOUSE,
... Petitioner
2. MOHAMMED MUSTHAFFA,
Vs
1. THE PRINTHALMANNA MUNICIPALITY,
... Respondent
2. THE MUNICIPAL COUNCIL,
For Petitioner :SRI.K.RAMAKUMAR (SR.)
For Respondent : No Appearance
The Hon'ble the Chief Justice MR.S.R.BANNURMATH
The Hon'ble MR. Justice KURIAN JOSEPH
Dated :24/03/2009
O R D E R
S.R.Bannurmath, C.J. & Kurian Joseph, J.
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W.P.(C) No.37521 of 2008
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Dated, this the 24th day of March, 2009
JUDGMENT
S.R.Bannurmath, C.J.
Petitioners have approached this Court by this Public
Interest Litigation seeking a writ of mandamus forbidding the
respondents from closing down the public market functioning at
the Jubilee Bye Pass between Perinthalmanna and Kozhikode and
also seeking a direction to the respondents to continue the running
of the public market as before.
2. As against the resolution of the Municipality to close
down the market, W.P.(C) No.37879 of 2008 has been filed and a
learned Single Judge by his order dated 19th December, 2008, by
way of interim order, has directed the Municipality not to close
down the fish market and to take appropriate steps to see that the
market is continued either by the Municipality themselves or by
any other licensee. In view of this direction issued, the interests of
W.P.(C) No.37521 of 2008
– 2 –
the petitioners are very well taken care of and as such, the first
prayer in the writ petition does not survive for further
consideration. So far as the second prayer is concerned, it is open
for the petitioners to approach the Municipality and put up their
grievances which can be considered by the Municipality in
accordance with law.
In view of the above, the writ petition stands disposed
of.
S.R.Bannurmath,
Chief Justice
Kurian Joseph,
Judge
vns