IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 5TH FEBRUARY 2009 / 16TH MAGHA 1930 WP(C).No. 35876 of 2008(U) -------------------------- PETITIONER(S): --------------- 1. P.B.VIMALA, AGED 42 YEARS, D/O.BHASKARAN, PINDIYEDATH, KARITHALA, PUSHPA NAGAR, KADAVANTHRA P.O., COCHIN-20. 2. PRAMOD.K.PAUL, AGED 26 YEARS, S/O.PAUL, VELLEPARAMBU, MILKLANE. 3. JAYAKRISHNAN, AGED 34 YEARS, S/O.VENU PUTHENKALATHIL HOUSE, AROOR P.O. 4. JAMAL.K.K., S/O.KUNJUMUHAMMED, AGED 44 YEARS, KANNOTHPARAMBIL, NETTOOR P.O. 5. BIJU.T.A., AGED 25 YEARS, THEKETHALA HOUSE, KOONAMMAVU P.O., KOCHAL. 6. VANAJA.K, SREEVILASAM HOUSE, MANIKATH CROSS ROAD, VALANJAMBALAM, ERNAKULAM. 7. JOSE.K.G., KATTUPURATHU VEEDU, PARAMBITHARA ROAD, ERNAKULAM. BY ADV. SMT.T.B.MINI RESPONDENT(S): --------------- 1. CORPORATION OF COCHIN, REPRESENTED BY ITS SECRETARY. 2. THE DISTRICT COLLECTOR, ERNAKULAM. 3. UNION OF INDIA, REPRESENTED BY THE CHAIRMAN, COCONUT DEVELOPMENT BOARD, MINISTRY OF AGRICULTURE, KERA BHAVAN, KOCHI-11. ADV. SRI.K.ANAND, SC, COCHIN CORPN. FOR R1 SRI.P.PARAMESWARAN NAIR,ASST.SOLICITOR FOR R3 BY GOVT. PLEADER SMT. SUDHA DEVI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC,J. ----------------------- W.P.(C).No.35876 OF 2008 ------------------------ Dated this the 5th day of February, 2009. JUDGMENT The grievance of the petitioners is regarding the ban imposed by the respondent corporation on the sale of tender coconut within a span of 1 km radius of the General Hospital, Ernakulam. 2. The Ist respondent has filed an additional statement dated 5th January, 2009, imposing certain conditions subject to which the petitioners will be permitted to sell tender coconut. Following are the six conditions imposed by the Ist respondent. 1. The sale of tender coconut and tender coconut water should be don only after removing the coconut fiber completely, 2. The coconut shells should not be scattered carelessly at the place of sale. 3. The sale of tender coconut water should be done in bottles only and the sale of tender coconut should be done in vessels. 4. The tender coconut fiber and coconut shell should be removed daily by using the WP(c).No.35876/08 /2/ vehicles which are used for sale of tender coconut. 5. The sale of tender coconut should be avoided till the outbreak of Dengue Fever is fully controlled. 6. The sale of tender coconut should not be made within a span of 1 Kilo meter in and around the General Hospital where the larva of Edis mosquito was noted to be maximum.” 3. Counsel for the petitioners submit that the petitioners are willing to comply with those conditions. 4. Now that the Corporation has imposed certain conditions for granting permit for the sale of the tender coconuts, although the concession does not create any vested right in their favour, as the petitioners have agreed to comply with the same, the writ Petition is disposed of with the following directions. Subject to the compliance of the conditions referred to above, the respondents shall permit the petitioners to sell the tender coconuts. Writ Petition is disposed of. vi (ANTONY DOMINIC) JUDGE WP(c).No.35876/08 /2/