IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 28TH JANUARY 2011 / 8TH MAGHA 1932 WP(C).No. 4599 of 2005(V) -------------------------------- PETITIONER(S): ------------------- T.A.USMAN, AGED 40, S/O. T.M.ABOOBACKER, THEKKINKATTIL HOUSE, AKKIKAVU POST, THRISSUR. BY ADV. SRI.M.K.CHANDRA MOHANDAS RESPONDENT(S): -------------------- 1. THE KUNNAMKULAM MUNICIPALITY, REPRESENTED BY ITS SECRETARY. 2. THE DISTRICT MEDICAL OFFICER, THRISSUR. 3. THE CHAIRMAN, STANDING COMMITTEE, HEALTH, MUNICIPAL COUNCIL, MUNICIPAL OFFICE, KUNNAMKULAM. 4. THE DISTRICT FOOD INSPECTOR, THRISSUR. R1, R3 BY ADV. SRI.GRASHIOUS KURIAKOSE R2,4 BY GOVT. PLEADER SRI.V.T.K.MOHANAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs WP(C).No. 4599/2005(V) APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE RECEIPT DATED 01/03/2004 ISSUED BY THE KUNNAMKULAM MUNICIPALITY TO THE PETITIONER. P2: COPY OF THE RECEIPT DATED 01/03/2004 ISSUED BY THE KUNNAMKULAM MUNICIPALITY TO THE PETITIONER. P3: COPY OF THE RECEIPT DATED 01/03/2004 ISSUED BY THE KUNNAMKULAM MUNICIPALITY TO THE PETITIONER. P4: COPY OF THE RECEIPT DATED 01/03/2004 ISSUED BY THE KUNNAMKULAM MUNICIPALITY TO THE PETITIONER. P5: COPY OF THE NEWS REPORT APPEARED IN THE MALAYALA MANORAMA DAILY DATED 05/02/2005. P6: COPY OF THE REPRESENTATION / COMPLAINT DATED 05/02/2005 SUBMITTED BY THE CHAMBER OF COMMERCE BEFORE THE 2ND RESPONDENT. P7: COPY OF THE MINUTES DATED 05.02.2005 OF THE MEETING OF THE CHAMBER OF COMMERCE. P8: COPY OF THE MAHAZER DATED 01/02/2005 PREPARED BY THE HEALTH SUPERVISOR OF THE KUNNAMKULAM MUNICIPALITY. P9: COPY OF THE NOTICE DATED 08/02/2005 ISSUED BY THE SECRETARY, MUNICIPALITY, KUNNAMKULAM. RESPONDENT'S EXHIBITS NIL /TRUE COPY/ P.A. TO JUDGE svs T.R.RAMACHANDRAN NAIR,J. ------------------------------------- W.P.(C)No.4599 Of 2005 ----------------------------------------------------- DATED THIS THE 28th DAY OF JANUARY, 2011 J U D G M E N T The Writ Petition is filed by the owner of a hotel named “M/s “Raj Mahal” Group of Institutions, seeking for a direction to the respondents not to harass the petitioner by conducting raids and inspections. 2. The respondents have filed counter affidavits in the matter. It appears that in the area during January, 2005 jaundice was reported. Therefore, the Health Officers of the Municipality as well as the District Medical Officer has been conducting periodical inspections. The report of the Medical Officer has been produced as Annexure A along with a statement which related to the death of one person by name Shaji who had taken food from the hotel 'Raj Mahal'. Evidently, the Municipal authorities will conduct inspections or raids if complaints are received either with regard to the health problems or problems of a similar nature. Therefore, the petitioner is not entitled to get a blanket order directing the Municipality not to conduct any inspection in its premises. If any order is issued, which is W.P.(C)No.4599/05 -2- adverse to the petitioner, he will have to challenge it before the appropriate forum. With the above observation, the Writ Petition is disposed of. Sd/-( T.R.RAMACHANDRAN NAIR, JUDGE) dsn True copy P.A. to Judge