A writ petition was dismissed where the petitioner challenged the Kollam Corporation's allotment of a stall to a third party. The court held that the petitioner's agreement expired in March 2007, leaving no surviving rights to consider.
The writ petition was dismissed with no orders in the nature of relief.
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 ANTONY DOMINIC
WEDNESDAY, THE 11TH DAY OF JULY 2012/20TH ASHADHA 1934
WP(C).No. 8847 of 2008 (C)
PETITIONER(S):
SUNITHA, W/O.U.RASHEED, MAHIN MANZIL, MEENATHU CHERRY, KAVANAD KOLLAM DISTRICT, (LICENCEE MEAT STALL NO.17 & 18 IN KAVANAD PUBLIC MARKET OF KOLLAM CORPORATION).
BY ADVS.SRI.B.MOHANLAL
SRI.SAIJU. S
RESPONDENT(S):
BY ADV. SRI.K.SANIL KUMAR
BY SRI.M.K.CHANDRA MOHAN DAS,SC,KOLLAM MPT
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11-07-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C).8847/08
APPENDIX
EXHIBITS
P1THE TRUE COPY OF THE ORDER NO.S2R2-36/01 DATED 27.8.05 ISSUED BY THE 2ND RESPONDENT
P2TRUE COPY OF THE LICENCE FOR THE PERIOD 2005-06 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER
P3THE TRUE COPY OF THE D&O AND PFA LICENCE ISSUED TO THE PETITIONER ISSUED BY THE RESPONDENTS 1 AND 2.
P4THE TRUE COPY OF THE STALL RENT REMITTED BY THE PETITIONER FOR THE PERIOD 12/2007 TO 2.2.2008
P5THE TRUE COPY OF THE AGREEMENT DATED 3.10.2007 ENTERED INTO BETWEEN THE PETITIONER AND RESPONDENTS 1 AND 2.
P6THE TRUE COPY OF THE PFA LICENCE FEE AND D&O LICENCE FEE RECEIPT DATED 29.2.08 REMITTED BY THE PETITIONER TO THE 2ND RESPONDENT
P7THE TRUE COPY OF THE LICENCE ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER FOR THE YEAR 2007-08
P8THE TRUE COPY OF THE AUCTION CONDITIONS IN THE AUCTION NOTIFICATION ISSUED BY THE 2ND RESPONDENT DATED 1.1.2008.
/true copy/
P.A. To Judge
ANTONY DOMINIC, J
........................................ W.P.(C).8847/2008
.............................................. Dated this the 11th day of July, 2012
JUDGMENT
The writ petition was filed alleging that in violation of the agreement with the petitioner, the Corporation was proceedings to allot stall No.26 in Kavanad Public market of Kollam Corporation, to the third respondent for conducting meat/chicken business.
W.P.(C).8847/08
2
In the above view of the matter, I do not think that anything survives to be considered in this writ petition. It is accordingly dismissed.
Sd/- ANTONY DOMINIC, JUDGE
mrcs
/true copy/ PA To Judge
2 issues framed by the court
Whether the petitioner's rights under the Stall Agreement survived beyond its expiry date.
Whether the Corporation's move to allot a stall to another party violated the petitioner's agreements.
SUNITHA
THE KOLLAM CORPORATION COUNCIL
THE KOLLAM CORPORATION
SRI.ABDUL RASHEED
ANTONY DOMINIC
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
