IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE KURIAN JOSEPH TUESDAY, THE 24TH MARCH 2009 / 3RD CHAITHRA 1931 WP(C).No. 37521 of 2008(S) -------------------------------------- PETITIONERS: --------------------- 1. P.ABUBACKKER, PULLORCHANGADAN HOUSE, KAKOOTH, PERINTHALAMANNA. 2. MOHAMMED MUSTHAFFA, S/O. MOHAMMED, 36 YEARS, NIRAYIL HOUSE, ERAVIMANGALAM AMSOM & DESOM, OLINKARA, MALAPPURAM DIST. BY ADV. SRI.K.RAMAKUMAR, SENIOR ADVOCATE SRI.T.RAMPRASAD UNNI SRI.S.A.ABDUL SALEEM RESPONDENTS: ------------------------ 1. THE PRINTHALMANNA MUNICIPALITY, REPRESENTED BY ITS SECRETARY, PERINTHALMANNA. 2. THE MUNICIPAL COUNCIL, PERINTHALMANNA MUNICIPALITY, REP. BY ITS CHAIRMAN. BY ADV.SRI.P.K.VIJAYAMOHAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.R.Bannurmath, C.J. & Kurian Joseph, J. ------------------------------------------ W.P.(C) No.37521 of 2008 ------------------------------------------ Dated, this the 24th day of March, 2009 JUDGMENT S.R.Bannurmath, C.J. Petitioners have approached this Court by this Public Interest Litigation seeking a writ of mandamus forbidding the respondents from closing down the public market functioning at the Jubilee Bye Pass between Perinthalmanna and Kozhikode and also seeking a direction to the respondents to continue the running of the public market as before. 2. As against the resolution of the Municipality to close down the market, W.P.(C) No.37879 of 2008 has been filed and a learned Single Judge by his order dated 19th December, 2008, by way of interim order, has directed the Municipality not to close down the fish market and to take appropriate steps to see that the market is continued either by the Municipality themselves or by any other licensee. In view of this direction issued, the interests of W.P.(C) No.37521 of 2008 - 2 - the petitioners are very well taken care of and as such, the first prayer in the writ petition does not survive for further consideration. So far as the second prayer is concerned, it is open for the petitioners to approach the Municipality and put up their grievances which can be considered by the Municipality in accordance with law. In view of the above, the writ petition stands disposed of. S.R.Bannurmath, Chief Justice Kurian Joseph, Judge vns