MALLAPPALLY HOUSING CO Vs. JOINT REGISTRAR OF CO

JUDGEMENT

(1.) Petitioner submitted an application for seeking permission to start a Neethi Medical Store in Mallappally town as early as in the year 2015. Sensing that this will affect the proposed Neethi Medical Store to be started by the 2nd respondent, the 2nd respondent raised an objection. The 2nd respondent also approached this Court in W.P(C) No. 8789/2016 for directing the 1st respondent to consider their objection before allowing the request of the petitioner to start a Neethi Medical Store. This Court granted an interim direction in the above writ petition that the petitioner shall not start Neethi Medical Store within 2 KM radius of Mallappally town. It appears that the 2nd respondent's jurisdiction is only confined to Mallappally Panchayat. It is pointed out by the 2nd respondent that petitioner's jurisdiction covers twelve Panchayats. The writ petition filed by the 2nd respondent was disposed on 11.1.2018 directing the 1st respondent to consider the objection filed by the 2nd respondent. It is also ordered that till the objection is considered this Court directed the 1st respondent not to grant any permission to the petitioner to start another Neethi Medical Store at Mallappally town within a radius of 2 kilometres. It appears that before considering the application of the petitioner a decision was taken in favour of the 2nd respondent as early as on 30.11.2017 to allow them to start a Neethi Medical Store near Taluk Hospital. It is challenging this order the petitioner has approached this Court.

(2.) The petitioner's case is that they have filed an application as early as in 2015 and only based on an interim order passed by this Court in W.P(C) No. 8789/2016 their application could not be taken up and considered by the 1st respondent. It is submitted that therefore the 1st respondent merely for the reason of interim order passed by this Court should not have been given precedence to the application filed by the 2nd respondent.

(3.) Heard the learned counsel for the petitioner, learned Government Pleader and learned counsel for 2nd respondent.