Dismissed

Sunny Kuruvilla v. Corporation of Cochin

Kerala HC2 Feb 2015WP(C)/875/2015

Case brief

AI extract

What is this about?

This judgment deals with the withdrawal of a writ petition (No. 1571 of 2015) by the petitioner. The Court allowed the withdrawal subject to an observation that the cause of action regarding the property perishes upon dismissal. Consequently, the connected writ petition (No. 875 of 2015) was deemed closed as it no longer survived for consideration.

What did the court decide?

The writ petitions were dismissed as withdrawn with an observation that the cause of action perishes.

Sunny Kuruvilla Vs Corporation of Cochin — Constitutional and Fundamental Rights | Kerala HC (2015)

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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 DAMA SESHADRI NAIDU

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MONDAY, THE 2ND DAY OF FEBRUARY 2015/13TH MAGHA, 1936

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WP(C).No. 875 of 2015 (H)

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PETITIONERS:

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SUNNY KURUVILLA, AGED 48 YEARS, S/O.K.P.KURUVILLA, "KIRAN", PIPELINE ROAD, THRISSUR-5.

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LIJI SUNNY, AGED 41 YEARS,

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W/O.SUNNY KURUVILLA, "KIRAN",

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PIPELINE ROAD, THRISSUR-5.

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BY ADV. SRI.T.M.ABDUL LATHEEF

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RESPONDENTS:

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CORPORATION OF COCHIN REP. BY ITS COMMISSIONER, ERNAKULAM COCHIN-682 001.

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M/S.RIPPLES CONSULTANCY PVT.LTD., REGISTERED OFFICE, TMNC/5/107, PALAKKAD ROAD, KIZHAKKUMPATTUKARA JUNCTION, EAST FORT POST, TRISSUR-680 005.

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MR.YUGESH XAVIER,CHAIRMAN & MANAGING DIRECTOR, INDIAN WINGS HOLIDAYS, SKY DESTINATION MANAGEMENT CO. PVT.LTD., 37/1958, 1ST FLOOR, KALOOR-KADAVANTHARA ROAD, COCHIN-682 017.

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R1 BY SRI.V.E.ABDUL GAFOOR

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02-02-2015 ALONG WITH WOC 1571/2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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APPENDIX IN WP(C).No. 875 of 2015 (H)

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PETITIONER'S EXHIBITS:

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EXT. P1- TRUE COPY OF THE LAWYER NOTICE DATED 10.11.2014 ISSUED TO THE 1ST RESPONDENT.

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EXT. P2- TRUE COPY OF THE NOTICE 3 NO.MOH12/PIO/20857/14 DATED 08.08.2014 ISSUED BY THE 1ST RESPONDENT ALONG WITH ENGLISH TRANSLATION.

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EXT. P3- TRUE COPY OF THE ORDER DATED 17.11.2014 PASSED BY THIS HONOURABLE COURT IN B.A.NO.6756 OF 2014.

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RESPONDENT'S EXHIBITS: NIL.

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/TRUE COPY/

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P.S. TO JUDGE

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Dama Seshadri Naidu, J.

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W.P.(C)Nos.875 and 1571 of 2015

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Dated this the 2^nd day of February, 2015

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JUDGMENT

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The learned counsel for the petitioner in W.P.(C)No. 1571/2015 has sought leave of this Court to withdraw the writ petition. The learned counsel for the additional sixth respondent has submitted that though the sixth respondent, said to be the true owner of the property, does not have any objection to the petitioner withdrawing the writ petition, he insists that there shall be an observation from the Court that the petitioner, in terms of an agreement entered into between respondents 4 and 5, the petitioner's immediate landlords and the petitioner himself, has handed over the possession of the building and that no cause of action concerning the said building survives in so far as the petitioner is concerned.

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WPC 875 & 1571/15 2

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It is made clear that the petitioner has come

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before this Court with a specific grievance. Perhaps owing to the subsequent developments, he has felt it advisable to withdraw the writ petition without seeking leave to preserve the cause of action. In other words, with the dismissal of the writ petition as withdrawn, whatever cause of action is there in favour of the petitioner perishes. In so far as the tenancy dispute or resolution thereof is concerned, it is not within the purview of the writ petition. Making that clear W.P.(C)No.1571/2015 is dismissed as withdrawn.

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Consequently, W.P(C)No.875/2015 is closed as having not survived for further consideration.

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Dama Seshadri Naidu, Judge

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tkv

Sunny Kuruvilla v. Corporation of Cochin

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Sunny Kuruvilla v. Corporation of Cochin

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