IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.J.B.KOSHY & THE HONOURABLE MR. JUSTICE V.GIRI THURSDAY, THE 26TH FEBRUARY 2009 / 7TH PHALGUNA 1930 WA.No. 167 of 2009() -------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.27524/2008 Dated 20/11/2008 .................... APPELLANT(S): 5TH RESPONDENT: ------------------------------------------------------ P. MUSTHAFA, P.M.FISHERIES, RESIDING AT PALAKKAL HOUSE, PERINTHALMANNA. BY ADV. MR.S.RAMESH BABU RESPONDENT(S): PETITIONER & REMAINING RESPONDENTS IN WRIT PETITION: --------------------------------------------------- 1. ABDUL SATHAR H.R., S/O.ISMAIL, H.R. HOUSE, MANATHUMANGALAM,PERINTHALMANNA, MALAPPURAM DISTRICT. 2. THE SECRETARY, PERINTHALMANNA MUNICIPALITY, PERINTHALMANNA, MALAPPURAM DISTRICT. 3. THE PERINTHALMANNA MUNICIPALITY, REPRESENTED BY ITS SECRETARY, PERINTHALMANNA MUNICIPALITY BUILDING, PERINTHALMANNA, MALAPPURAM DISTRICT. 4. THE CHAIRMAN, PERINTHALMANNA MUNICIPALITY, PERINTHALMANNA, MALAPPURAM DISTRICT. 5. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, LOCAL SELF GOVERNMENT DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. BY ADV. MR.K.M.SATHYANATHA MENON BY GOVERNMENT PLEADER SMT. K. MEERA THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 26/02/2009 ALONG WITH W.A.NO.262 OF 2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss J.B. Koshy,Ag.C.J. & V.Giri, J. ---------------------------------------- W.A. Nos.167 & 262 of 2009 ---------------------------------------- Dated this the 26th day of February, 2009 Judgment Koshy, Ag.C.J. Notification dated 26.7.2008 was cancelled by the impugned judgment and learned single Judge directed to issue fresh tender. It is submitted that fresh notification was published in accordance with the directions. In the above circumstances, no further interference is required in the matter. The notification was cancelled because as notification was published in English in Malayalam. Even after fresh tender was published, it is submitted that the writ petitioner did not participate in the fresh tender. Apprehension of the writ petitioner is that they will not be allowed to trade inside the premises. It is submitted by the appellant and the Municipality that they also will be allowed to do business in the fish market subject to conditions laid down for the use of the new building. Recording the above submission, the impugned judgment is set aside and the writ appeals are allowed. J.B.Koshy Acting Chief Justice V. Giri Judge vaa