MANOJ KUMAR T.A. Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioners, who are stated to be the owners in possession of a double storied building, having a plinth area of 2352 square feet, situated in 7 cents of land in Pallipuram Village, have filed this writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus commanding respondents 2 and 3 to resume the function of FL-1 shop of the 2nd respondent Corporation bearing No.7029 in their building. The petitioners have also sought for a writ of mandamus commanding the 1st respondent State to pass orders on Ext.P5 representation, within a time limit to be fixed by this Court.

(2.) The relief sought for in Ext.P5 representation is an order directing the 2nd respondent Corporation to resume their FL-1 shop bearing No.7029 in the building owned by the petitioners, by setting aside the request for withdrawal dated 27.04.2018 submitted by the 2nd respondent Corporation before the 4th respondent Deputy Commissioner of Excise, Ernakulam.

(3.) A counter affidavit has been filed by respondents 2 and 3, opposing the reliefs sought for in this writ petition. In paragraph 7 of the counter affidavit, it has been stated that the 2 nd respondent Corporation is not in need of the building owned by the petitioners for starting FL-1 Outlet. It has also been stated that the Corporation had already identified a suitable building to function the shop and if statutory licences are received, the Corporation will start Fl-1 shop in the building which is now identified.