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2012 Supreme(Ker) 1010

HARUN-UL-RASHID
Sma Restaurant and Services Pvt. Ltd. – Appellant
Versus
State of Kerala – Respondent


Advocates Appeared:
For the Petitioners: S. Sree Kumar, Thomas P. Kuruvilla and K. Paul Kuriakose.
For the Respondents: Noushad Thottathi (GP), P.K. Manoj Kumar, Millu Dandapani, K.P. Pradeep, K.K. Chandran Pillai, Thomas James Mundackal, Boby Thomas, Arun Anthony and R. Anas Muhammed Shamnad.

JUDGMENT :

Harun-Ul-rashid, J.

1. Ext.P9 interim order dated 29.10.2012 passed by the Ombudsman for Local Self Government Institutions is under challenge in W.P. (C) Nos. 26589/2012 and 27119/2012. Following the earlier ex-parte interim orders, the Ombudsman for Local Self Government Institutions passed Ext.P9 order dated 29.10.2012 stating that permission to start a Pizza Hut cannot be granted. The Ombudsman further directed the Corporation not to grant licence to start Pizza Hut. The petitioner in W.P. (C) No. 26589/2012 is M/s. SMA Restaurant and Services Private Limited. The petitioner in W.P. (C) No. 27119/2012 is M/s. Nikunjam Harmony Constructions Private Limited. The petitioners in W.P. (C) No. 21723/2012 is the Nikunjam Harmony Apartment Owners Association and its President. The subject matter of the first two writ petitions is the legality and propriety of the interim order passed by the Ombudsman and seeking consequential reliefs. The facts and exhibits produced in the writ petitions are more or less the same. The parties as arrayed in W.P. (C) No. 26589/2012 and exhibits produced in the said writ petition are mentioned in this common judgment for brevity and for avoiding
















































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