Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS WEDNESDAY, THE 11TH DAY OF OCTOBER 2023 / 19TH ASWINA, 1945 WP(C) NO. 13744 OF 2023 PETITIONER:
BABULAL K., AGED 48 YEARS S/O KARUNAKARAN, PALAMOOTTIL HOUSE, SAKTHIKULANGARA VILLAGE, KOLLAM, PIN - 691581 BY ADVS.
M.ZIYAD T.A.PRAKASH RESPONDENTS:
1 KOLLAM MUNICIPAL CORPORATION, KOLLAM P.O., REPRESENTED BY ITS SECRETARY, PIN - 691001 2 DIRECTOR GENERAL, KERALA FIRE & RESCUE SERVICES, HEADQUARTERS, FIRE FORCE JUNCTION, PULIMOODU P.O., THIRUVANANTHAPURAM, PIN - 695001 3 EXCISE COMMISSIONER, EXCISE COMMISSIONERATE, VIKAS BHAVAN P.O., NANDAVANAM, THIRUVANANTHAPURAM, PIN - 695033 4 DEPUTY EXCISE COMMISSIONER, EXCISE DIVISION OFFICE, EXCISE COMPLEX,1ST FLOOR A BLOCK, CHINNAKKADA, KOLLAM, PIN - 691001 5 MARIYALAYAM BEER&WNE PARLOUR, SAKTHIKULANGARA, KOLLAM, REPRESENTED BY ITS PROPRIETOR, LAZARUS ALOYSIUS, S/O. SEBASTIAN LAZAR,AGED 79 YEARS, RESIDING AT MARIYALAYAM, SAKTHIKULANGARA, KOLLAM, PIN - 691581 6 LAZARUS ALOYSIUS.
AGED 79 YEARS S/O SEBASTIAN LAZAR, RESIDING AT MARIYALAYAM, SAKTHIKULANGARA VILLAGE, KOLLAM, PIN - 691581 BY ADVS.
KISHORE D MEERA GOPINATH(K/001803/1999.)
R.MURALEEKRISHNAN (MALAKKARA)(K/000583/2008) OTHER PRESENT:
SMT. SHEEBA G-GP
WP(C) NO. 13744 OF 2023 2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11.10.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 13744 OF 2023 3 BECHU KURIAN THOMAS, J.
----------------------------------------- W.P.(C) No.13744 of 2023 ---------------------------------------- Dated this the 11th day of October, 2023 JUDGMENT The relief sought for by the petitioner are as follows:- “ (i) Issue a writ of mandamus or any other appropriate writ order or direction, directing the 1st respondent to consider Ext.P4 complaint preferred by the petitioner and conduct a detailed enquiry and pass necessary order for ensuring the peaceful living of the petitioner and his family without any disturbances from the 5th respondent bar and/or its customers;
(ii) Issue a writ of mandamus or any other appropriate writ, order or direction, directing the 1st respondent to consider Ext.P4 complaint preferred by the petitioner and conduct a detailed enquiry regarding the building rule violations by the 6th respondent and take necessary action;
(iii) Issue a writ of mandamus or any other appropriate writ, order or direction, directing the 2nd respondent to consider Ext.P5 complaint preferred by the petitioner and conduct a detailed enquiry and take necessary action;
(iv) Issue a writ of mandamus or any other appropriate writ, order or direction, directing the 4th respondent to consider Ext.P6 complaint preferred by the petitioner and conduct a detailed enquiry regarding the violation of license rules for running the 5th respondent beer & wine parlour and take necessary action;”
WP(C) NO. 13744 OF 2023 4 2. The grievance of the petitioner is against the conduct of a beer and wine parlour by respondents 5 and 6 in a nearby property. According to the petitioner he has preferred a complaint before the Kollam Municipal Corporation against certain unauthorised constructions made by respondents 5 and 6, apart from Ext.P6 complaint before the 4th respondent about illegal and unauthorised conduct of the beer and wine parlour.
3. When the matter came up for admission, this Court had, on 13-04-2023, directed the 4th respondent to take up Ext.P6 complaint and pass appropriate orders after granting an opportunity to the petitioner as well as respondents 5 and 6.
4. A counter affidavit has been filed by respondents 5 and 6, denying the averments in the writ petition and also producing Ext.R6(r) an order passed by the Deputy Commissioner on 19-05-2023. The said order Ext.R6(r) was issued pursuant to the direction of this Court on 13-04-2023, mentioned in the preceding paragraph.
5. After having heard the learned counsel for the petitioner as well as the learned counsel for respondents 5
WP(C) NO. 13744 OF 2023 5 and 6 and also learned Standing Counsel for the Corporation, I am of the opinion that by virtue of the documents produced by the petitioner as well as respondents, the grievance projected in the writ petition practically stands redressed.
6. In Ext.R6(r), the Deputy Commissioner who was directed to take a decision considered the complaint of the petitioner and found that the allegations have no basis. It was also observed that the basis for the dispute between the petitioner and the 6th respondent arose out of a civil dispute relating to a way. The 6th respondent has even been warned that in case he carryies on the business in violation of any of the conditions of the license stringent action will be initiated against him.
7. Apart from the above, in Ext.P2 complaint petitioner had raised allegations regarding unauthorised construction carried out by 5th and 6th respondents. The Corporation in reply to an application under the Right to Information Act, 2005 stated that steps are being taken to demolish the unauthorised constructions.
WP(C) NO. 13744 OF 2023 6 8. On a perusal of the petitioner's complaint as well as his application under the Right to Information Act it is evident that the alleged unauthorised construction is a staircase. Since the Corporation has already informed the petitioner, that steps are being initiated to demolish the unauthorised constructions, the grievance of the petitioner stands redressed on that count also.
In view of the above, nothing further survives in this writ petition and it is closed.
BECHU KURIAN THOMAS JUDGE AJM
WP(C) NO. 13744 OF 2023 7 APPENDIX OF WP(C) 13744/2023 PETITIONER EXHIBITS Exhibit P1 THE PHOTOGRAPH SHOWING THE CONSUMPTION OF BEER AND OTHER BEVERAGES OUTSIDE THE PARLOUR BY THE CUSTOMERS OF 4TH RESPONDENT Exhibit P2 PHOTOGRAPH SHOWING THE PICTURE OF EMPTY BOTTLES THROWN BY THE DRUNKARDS ON THE PATHWAY USED BY THE PETITIONER Exhibit P3 TRUE COPY OF THE COMPLAINT DATED 29.10.2022 SUBMITTED BEFORE THE 3RD RESPONDENT BY SOME OTHER RESIDENTS OF THE LOCALITY Exhibit P4 TRUE COPY OF THE COMPLAINT MADE TO THE 1ST RESPONDENT DATED 18.03.2023 Exhibit P5 TRUE COPY OF THE COMPLAINT MADE TO THE 2ND RESPONDENT DATED 18.03.2023 Exhibit P6 TRUE COPY OF THE COMPLAINT MADE TO THE 4TH RESPONDENT DATED 18.03.2023 Exhibit P7 TRUE COPY OF POSTAL ACKNOWLEDGMENT RECEIPT OF COMPLAINT SENT TO 1ST RESPONDENT Exhibit P8 TRUE COPY OF POSTAL ACKNOWLEDGMENT RECEIPT. OF COMPLAINT SENT TO 2ND RESPONDENT Exhibit P9 TRUE COPY OF POSTAL ACKNOWLEDGMENT RECEIPT OF COMPLAINT SENT TO 4TH RESPONDENT RESPONDENT EXHIBITS Exhibit R6(l) True copy of the Non Involvement in Offences Certificate dated 3.11.2022 issued by the Sakthikulangara Police Station Exhibit R6(k) True copy of the Land Use Certificate No.C4-357/2023/KDis dated 17.1.2023 issued by the Tahsildar, Kollam Exhibit R6(a) True copy of the GST Registration Certificate dated 6.8.2020 issued to the 6th respondent in Form GST
WP(C) NO. 13744 OF 2023 8 REG-06 Exhibit R6(b) True copy of the Consent to Operate dated 5.1.2023 issued by the Kerala State Pollution Control Board to Mariyalayam Tourist Lodge Exhibit R6(c) True copy of the licence dated 7.2.2023 issued by the 1st respondent to Mariyalayam Tourist Lodge Exhibit R6(d) True copy of the licence dated 7.2.2023 issued by the 1st respondent to Mariyalayam Tourist Lodge for running Star Hotel Exhibit R6(e) True copy of the Sanitation Certificate No. SZ/R2/H/536/23 dated 21.2.2023 of the Health Supervisor, Kollam Municipal Corporation Exhibit R6(f) True copy of the licence dated 22.2.2023 issued by the Commissionerate of Food and Safety to Mariyalayam Tourist Lodge Exhibit R6(g) True copy of the Site approval and Building Permit No.PW9/BRC/24/10- 11 dated 1.2.2020 issued by the Executive Engineer, Corporation of Kollam Exhibit R6(i) True copy of the Fire Safety Certificate dated 20.9.2022 issued by the District Fire Officer, Kollam Exhibit R6(J) True copy of the Renewal of FL11 licence dated 31.3.2023 issued by the Deputy Excise Commissioner to Mariyalayam Tourist Lodge Exhibit R6(h) True copy of the Occupancy Certificate No. TP1/PW9/BRC/24/10- 11 dated 21.3.2022 issued by the Executive Engineer, Corporation of Kollam Exhibit R6(m) True copy of the confirmation of submission of Form for Classification of Mariyalayam Tourist Lodge, downloaded from the internet on 17.3.2023 Exhibit R6(n) True copy of the Order dated
WP(C) NO. 13744 OF 2023 9 2.9.2022 in I.A. 1/2022 in O.S.
652/2022 of Additional Munsiffs Court, Kollam Exhibit R6(o) True copy of the Report No.
563/2022 dated 5.11.2022 submitted by the Village Officer, Sakthikulangara to the Taluk Office, Kollam along with the covering letter dated 19.11.2022 issued to the 6th respondent under the Right to Information Act Exhibit R6(p) True copy of the representation dated 19.11.2022 submitted by the 6th respondent before the Station House Officer, Sakthikulangara Police Station Exhibit R6(q) True copy of the acknowledgement receipt dated 20.11.2022 evidencing the acceptance of Exhibit R6(p) by the Sakthikulangara Police Station Exhibit R6(r) True copy of the Order No.
EDOKLM/458/2023-Q4 dated 19.5.2023 issued by the 4th respondent to the 6th respondent PETITIONER EXHIBITS Exhibit P10 THE TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER DATED 1.6.2023 UNDER THE RTI ACT BEFORE THE RESPONDENT CORPORATION Exhibit P11 THE TRUE COPY OF THE INSPECTION REPORT PREPARED BY THE OFFICER CONCERNED OF THE RESPONDENT CORPORATION DATED 27.06.2023 AND ISSUED TO THE PETITIONER ON 15.07.2023 Exhibit P12 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER DATED 16.6.2023 UNDER THE RTI ACT BEFORE THE RESPONDENT Exhibit P13 TRUE COPY OF THE REPLY DATED 12.07.2023 RECEIVED BY THE PETITIONER THROUGH RTL FROM THE RESPONDENT