Dismissed

Jitesh Menon v. Corporation of Cochin

Kerala HC3 Jun 2016RP/1217/2015

Case brief

AI extract

What is this about?

The Court dismissed a review petition challenging an interim stay order granted by the Tribunal for Local Self Government Institutions. The Court held that due to subsequent developments, there was no scope for entertaining the review petition, but allowed the petitioner to proceed before the Tribunal and extended the interim stay for one week.

What did the court decide?

Review petition dismissed; interim stay extended for one week to allow petitioner to seek review before the Tribunal.

Jitesh Menon Vs Corporation of Cochin — Public Procurement and Tenders | Kerala HC (2016)

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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 A.K.JAYASANKARAN NAMBIAR

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FRIDAY, THE 3RD DAY OF JUNE 2016/13TH JYAISHTA, 1938H

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RP.No. 1217 of 2015 (B) IN WP(C).26220/2015 ---------------------------------------------

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AGAINST THE JUDGMENT IN WP(C) 26220/2015 of HIGH COURT OF KERALA DATED 2508-2015

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REVIEW PETITIONER/3RD PARTY: -------------------------JITESH MENON S/O P.GOPALAKRISHNA MENON, PUKALAKKAT KAILAS, INDIRA ROAD, PALARIVATTOM, KOCHI-25.

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BY ADV. SRI.I.DINESH MENON

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RESPONDENTS/RESPONDENTS, ADDITIONAL RESPONDENT AND PETITIONERS IN THE WPC:
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1. CORPORATION OF COCHIN REP. BY ITS SECRETARY, OFFICE OF THE CORPORATION OF COCHIN, COCHIN-11.
2. COUNCIL OF CORPORATION OF COCHIN REP. BY ITS CHAIR PERSON, OFFICE OF THE CORPORATION OF COCHIN, COCHIN-11.
3. THE TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTIONS, THIRUVANANTHAPURAM.
4. P.G.JOSEPH S/O GEORGE, PADAPURAKKAL HOUSE, KATTAKKARA ROAD (EAST), ERNAKULAM-682017.
5. KASIM S/O HASSAN, KUZHIMANDAPATHIL, KRISHNADHI ROAD, PACHALAM, ERNAKULAM.
6. SUMEER S/O MUHAMMED, PALLIPARAMBIL, PADAMUGAL, KAKKANAD, ERNAKULAM, KOCHI-30.
7. P.G.XAVIER S/O GEORGE, PADAPURAKKAL HOSUE, KATTAKKARA ROAD (EAST), ERNAKULAM-682017.
8. K.S.RAVI S/O SREENIVASAN, POOPATTU PARAMBIL, VATTAKKATTU ROAD, KALOOR, KOCHI-17.

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(contd....)

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:2:

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R4-R8 BY ADV. SRI.K.C.CHARLES R4-R8 BY ADV. SRI.M.POLY MATHAI R4-R8 BY ADV. SRI.VIMAL K.CHARLES R4-R8 BY ADV. SMT.A.T.RENJU R1-R2 BY ADV. SRI.E.D.GEORGE,SC,COCHIN CORPORATION BY SRI.P.K.SOYUZ,SC,COCHIN CORPORATION

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THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON 03-06-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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R.P.NO.1217 OF 2015 IN W.P.(C).NO.26220 OF 2015

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APPENDIX

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PETITIONER'S ANNEXURE:

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ANNEXURE A : TRUE COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONER AND THE OTHER CO OWNERS BEFORE THE 1ST RESPONDENT DATED 11.03.2015.

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ANNEXURE B : TRUE COPY OF THE JUDGMENT PASSED BY THE DISTRICT COURT OF ANJIKAIMAL IN O.S.NO.95/1951 DATED 26.03.1953. ANNEXURE C : TRUE COPY OF THE DECREE PASSED BY THE HONOURABLE DISTRICT COURT OF ANJIKAIMAL IN O.S.NO.95/1951 DATED 26.03.1953

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ANNEXURE D : TRUE COPY OF THE SALE CERTIFICATE ISSUED BY THE DISTRICT COURT OF ANJIKAIMAL IN O.S.NO.95/1951 DATED 14.09.1956. ANNEXURE E : TRUE COPY OF THE LETTER ISSUED BY THE SECRETARY, GCDA DATED 09.01.2012.

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ANNEXURE F : A TRUE COPY OF THE LETTER ISSUED BY ONE OF THE LEGAL HEIRS TO ISSUE SKETCH INDICATING THE LAND UTILIZED BY GCDA DATE NIL. ANNEXURE G : TRUE COPY OF THE NOTICE ISSUED BY THE EXECUTIVE ENGINEER OF THE 1ST RESPONDENT DATED 16.03.2015.

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RESPONDENTS' EXHIBITS:

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EXT.R4(a): TRUE COPY OF STAY ORDER DATED 31.10.2015 OF TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTIONS, THIRUVANANTHAPURAM.

// TRUE COPY//

P A TO JUDGE

sm/

A.K.JAYASANKARAN NAMBIAR, J.

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R.P. No.1217 of 2015 in W.P.(C).No.26220 of 2015

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- - - - Dated this the 3^rd day of June, 2016

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ORDER

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When the matter was taken up for disposal today, it was noticed that respondents 4 to 8 had, even before the filing of the review petition, approached the tribunal for Local Self Government Institutions, Thiruvananthapuram through a Review Petition No.140/2015, challenging Ext.P6 order dated 16.07.2015 of the Secretary, Corporation of Cochin. By an interim order dated 31.10.2015, the said tribunal has granted a stay, of operation of the said order dated 16.07.2015 of the Corporation of Cochin, till disposal of the revision petition. I note that, in the judgment dated 25.08.2015, the direction to the tribunal was to consider and pass orders on the stay petition preferred by the writ petitioner and it was pursuant to the said direction that the tribunal has now passed the stay order, referred to above. In the light of the subsequent developments, pursuant to the judgment dated 25.08.2015, I am of the view that there is no scope for entertaining the Review Petition. Accordingly, the Review Petition is dismissed. I make it clear clear that it will be open to the review petitioner to get himself

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R.P. No.1217 of 2015 in W.P.(C).No.26220 of 2015 : 2 :

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impleaded in the proceedings before the 3^rd respondent tribunal and pursue the matter before the said tribunal. To enable the review petitioner to do so, the interim order granted in this review petition shall continue to be in force for a period of one week, from the date of receipt of a copy of this order.

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Sd/- A.K.JAYASANKARAN NAMBIAR JUDGE

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sm/

Jitesh Menon v. Corporation of Cochin

Case brief

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Jitesh Menon v. Corporation of Cochin

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