The Kerala High Court closed a writ petition challenging a lease allotment and related orders. The court observed that the respondent had granted further permission for keeping premises, rendering further adjudication unnecessary.
The writ petition is closed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE
MONDAY, THE 25TH JUNE 2007 / 4TH ASHADHA 1929
WP(C).No. 2389 of 2004(H) ------------------------CMA.1022/2002 of II ADDL.DISTRICT COURT,ERNAKULAM ....................
PETITIONER:
-------------------
PROJECT GARMENTS PVT. LTD. NO.38, COCHIN SPECIAL ECONOMIC ZONE, KAKKANAD-682 030, REPRESENTED BY ITS GENERAL MANAGER, MR.JOSE SEBASTIAN.
BY ADV. SRI.E.K.NANDAKUMAR SRI.A.K.JAYASANKAR NAMBIAR SMT.PRIYA MAHESH SMT.PRIYA MANJOORAN
RESPONDENTS:
------------------------
1. THE DEVELOPMENT COMMISSIONER, COCHIN SPECIAL ECONOMIC ZONE, CSEZ ADMINISTRATIVE BUILDING, KAKKANAD, COCHIN-682 030.
2. THE ESTATE MANAGER, COCHIN SPECIAL ECONOMIC ZONE, CSEZ ADMINISTRATIVE BUILDING, KAKKANAD, COCHIN-682 030.
BY ADV. SRI.JOHN VARGHESE, SCGSC for R1 & R2 SMT. T.D. RAJALAKSHMI
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/06/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WPC.NO.2389/2004 H
APPENDIX
PETITIONER'S EXHIBITS:
| EXT.P1: | COPY OF THE LETTER OF PERMISSION DTD. 09/11/1993 ISSUED BY THE 1ST RESPONDENT. |
|---|---|
| EXT.P2: | COPY OF THE LETTER OF PERMISSION UNDER THE BROAD BANDING FACILITY DTD. 12/02/1998 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER. |
| EXT.P3: | COPY OF THE PERMISSION SOUGHT FOR BY THE PETITIONER WAS GRANTED BY THE 1ST RESPONDENT BY LETTER DTD. 03/04/2000. |
| EXT.P4: | COPY OF THE NOTICE DTD. 07/04/2001 NO.26/09/99-ESTATES. CEPZ/3207 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER. |
| EXT.P5: | COPY OF THE REPLY DTD. 17/04/2001. REPLY SENT BY THE PETITIONER TO THE 1ST RESPONDENT. |
| EXT.P6: | COPY OF THE ALLOTMENT LETTER DTD. 24/10/2001 RECEIVED BY THE PETITIONER ON 29/10/2001, NO.9/03/93:IL:CSEZ/7897 BY THE 1ST RESPONDENT TO THE PETITIONER. |
| EXT.P7: | COPY OF THE REVISED LEASE DEED FOR EXECUTION BY THE 1ST RESPONDENT UNDER COVER OF LETTER DTD. 20/05/2002 SENT BY THE PETITIONER TO THE 1ST RESPONDENT. |
| EXT.P8: | COPY OF THE ORDER DTD. 18/11/2002 NO.26/9/99:ESTATES:CSEZ/ 7364 ISSUED BY THE 1ST RESPONDENT. |
| EXT.P9: | COPY OF THE JUDGMENT DTD. 12TH DECEMBER, 2003 OF THE HON'BLE SESSIONS JUDGE, ERNAKULAM IN C.M.A.NO.1022 OF 2002. |
/TRUE COPY/
Kss
PIUS C. KURIAKOSE, J.
W.P.(C) No. 2389 OF 2004
Dated this the 25th day of June, 2007
JUDGMENT
In view of the various subsequent events to which my attention was drawn by Sri.Jayasankar Nambiar and the circumstance that the Development Commissioner has by his order No.9/03/93:IL:CEPZ/884 dt.16.01.06, granted permission to the petitioner for keeping the premises for a further period of five years, I am of the view that it is not necessary to go into the merits of the various grounds raised against Ext.P9. The Writ Petition is closed in view of the subsequent events.
PIUS C. KURIAKOSE, JUDGE
btt
WPC 2
PROJECT GARMENTS PVT. LTD.
THE DEVELOPMENT COMMISSIONER, COCHIN SPECIAL ECONOMIC ZONE
THE ESTATE MANAGER, COCHIN SPECIAL ECONOMIC ZONE
PIUS C KURIAKOSE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
