Quashed

M/S.Heera Construction Company Pvt. v. Corporation of Trivandrum Rep. by Its

Kerala HC4 Jul 2012WP(C)/7106/2007

Case brief

AI extract

What is this about?

This judgment involves a writ petition challenging orders regarding the removal of a gate. The court observed that the underlying suit between the parties had been compromised, settling the controversy. Consequently, the court quashed the impugned orders and disposed of the petition.

What did the court decide?

The impugned orders Ext.P3 and P9 were quashed, and the writ petition was disposed of.

M/S.Heera Construction Company Pvt. Vs… — Labour and Industrial Disputes | Kerala HC (2012)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR.JUSTICE ANTONY DOMINIC

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WEDNESDAY, THE 4TH DAY OF JULY 2012/13TH ASHADHA 1934

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WP(C).No. 7106 of 2007 (U)

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PETITIONER(S):

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M/S.HEERA CONSTRUCTION COMPANY, PRIVATE LIMITED, HEERA PARK, M.P.APPAN ROAD, VAZHUTHAKKADU, TRIVANDRUM, REPRESENTED BY ITS GENERAL MANAGER, TRIVANDRUM.

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BY ADV. SRI.K.M.SATHYANATHA MENON

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RESPONDENT(S):

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1. THE CORPORATION OF TRIVANDRUM, REPRESENTED BY ITS SECRETARY, CORPORATION OF TRIVANDRUM, TRIVANDRUM.

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2. SHRI.P.S.VIJAYAN, T.C.6/2391, H.NO.619, PRASANTH NAGAR, ULLOOR, TRIVANDRUM.

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R1 BY SRI.N.NANDAKUMARA MENON,SENIOR ADVOCATE,SC,TVM CORPN. BY ADV. SRI.VPK.PANICKER

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04-07-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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sts

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WP(C)NO.7106/2007

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APPENDIX

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PETITIONER'S EXHIBITS:

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P1 COPY OF THE MINUTES OF THE BOARD MEETING HELD ON 25/06/2002

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P2 COPY OF THE PRELIMINARY ORDER DATED 27/01/2005 PASSED BY THE 1ST RESPONDENT.

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P3 COPY OF THE CONFIRMATION ORDER DATED 21/11/2005 ISSUED BY THE 1ST RESPONDENT.

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P4 COPY OF THE COMPLAINT FILED BY THE PETITIONER BEFORE THE REVENUE DIVISIONAL OFFICER,TRIVANDRUM.

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P5 COPY OF THE PETITION FILED BY THE PETITIONER BEFORE THE REVENUE DIVISIONAL OFFICER, TRIVANDRUM.

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P6 COPY OF THE ORDER OF THE SUB DIVISIONAL MAGISTRATE,TRIVANDRUM UNDER SECTION 133 OF C.R.P.C.

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P7 COPY OF THE ORDER OF THE SESSIONS JUDGE, TRIVANDRUM IN CRL.M.P.NO.2095/2005 IN CRL.R.P.NO.73/2005 ON THE FILE OF THE SESSIONS JUDGE,TRIVANDRUM

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P8 COPY OF THE APPEAL FILED BY THE PETITIONER BEFORE THE TRIBUNAL OF LOCAL SELF GOVERNMENT INSTITUTIONS AS APPEAL NO.1/2006.

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P9 COPY OF THE ORDER IN APPEAL NO.1/2006 OF THE COURT OF THE TRIBUNAL OF LOCAL SELF GOVERNMENT INSTITUTIONS,TRIVANDRUM

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P10 COPY OF THE COMPLAINTS REPORTED BY THE PETITIONER TO THE 1ST RESPONDENT.

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P11 COPY OF THE ORDER ISSUED BY THE 1ST RESPONDENT DATED 02/01/2006

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P12 COPY OF THE REPLY SUBMITTED BY THE PETITIONER DATED 03/01/2006

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P13 COPY OF THE PLAINT SUBMITTED BY THE 2ND RESPONDENT OS.NO.46305

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P14 COPY OF THE WRITTEN STATEMENT SUBMITTED BY THE PETITIONER.

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P15 COPY OF THE ROUGH SKETCH OF PATHWAY

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RESPONDENT'S EXHIBITS:

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R2(A) COPY OF THE GIFT DEED BEARING NO.3142/68 DATED 9/9/1968

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R2(B) COPY OF THE AGREEMENT EXECUTED BETWEEN SRI.PURUSHOTHAMAN AND OTHERS

2/-

sts

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WP(C)NO.7106/2007

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R2(C) COPY OF THE ORDER IN I.A.NO.3262/05 IN O.S.NO.463/05 ON THE FILE OF THE PRINCIPAL SUBORDINATE JUDGE,THIRUVANANTHAPURAM.

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R2(D) COPY OF THE ORDER BEARING NO.3/2853/05 DATED 18/8/2005.

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R2(E) COPY OF THE NOTICE DATED 11/7/2006 BEARING NO.EZU3/4094/04 ISSUED BY THE 1ST RESPONDENT.

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R2(F) COPY OF THE PHOTOGRAPH OF THE CONSTRUCTED MULTI-STORIES APARTMENT OF THE PETITIONER AND THE COMMON PASSAGE.

/TRUE COPY/

P.A.TO.JUDGE

sts

ANTONY DOMINIC, J

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........................................ W.P.(C).7106/2007

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.............................................. Dated this the 4^th day of July, 2012

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JUDGMENT

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Heard the learned counsel for the petitioner, the learned senior counsel appearing for the first respondent and the learned counsel appearing for the second respondent.

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Petitioner challenges Exts.P3 and P9. Ext.P3 is an order passed by the first respondent acting on a complaint made by the second respondent ordering removal of a gate installed by the petitioner at the site of one of its projects. That order was challenged before the Tribunal for Local Self Government Institutions. The Tribunal by Ext.P9 order, dismissed the appeal. It is in these circumstances, the writ petition is filed.

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It is now submitted by the learned counsel for the petitioner and the second respondent, that there was a Suit pending between them as O.S.463/2005

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W.P.(C).7106/07

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before the Sub Court, Thiruvananthapuram. A copy of the plaint is Ext.P13. The issue involved in the Suit and the issue which led to the issuance of Exts.P3 and P9 are one and the same. Subsequently the Suit has been compromised. Thus, the controversy between the parties is settled.

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In the light of the above, recording the same and quashing Exts.P3 and P9, the writ petition is disposed of.

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Sd/- ANTONY DOMINIC, JUDGE

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mrcs

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/true copy/ PA To Judge

M/S.Heera Construction Company Pvt. v. Corporation of Trivandrum Rep. by Its

Case brief

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M/S.Heera Construction Company Pvt. v. Corporation of Trivandrum Rep. by Its

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