Petitioner challenged eviction from Greater Kochi Development Authority premises and sought refund of collected money and damages. Court held petitioner failed to establish prima facie case in writ proceedings for civil-type disputes requiring fact-finding.
Petitioner left with liberty to file Civil suit for all claims.
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 SHAJI P.CHALY
TUESDAY, THE 15TH DAY OF NOVEMBER 2016/24TH KARTHIKA, 1938
WP(C).No. 26594 of 2016 (Y)
PETITIONER(S):
P. SREEDHARAN, S/O. K.K.NAIR, AGED 51 YEARS, MANAGING DIRECTOR, NEO KOCHI INFRASTRUCTURE PVT. LTD., SREEBHAVAN, OLD KALOOR-KATHRIKADAVU ROAD, NEAR ST. FRANCIS CHURCH, KALOOR, KOCHI-682 017. RESIDING AT SREEBHAVAN, JANAKEEYA ROAD, ELAMAKKARA, KOCHI-682 017.
BY ADVS.SRI.SEBASTIAN PAUL SRI.S.VIJAYAKUMAR (NALLOOR) SMT.LIZAMMA AUGUSTINE SMT.SABEENA P.ISMAIL SRI.BEN TOM SMT AMULYA J.
RESPONDENT(S):
1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, LOCAL SELF GOVERNMENT DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001.
2. GREATER KOCHI DEVELOPMENT AUTHORITY (GCDA), REPRESENTED BY THE SECRETARY, KOCHI-682 020.
3. THE ESTATE OFFICER, GREATER KOCHI DEVELOPMENT AUTHORITY GCDA, KOCHI-682 020. 4. K.N.FAJAR, MANAGING PARTNER, WHITE PLANET, M.G.ROAD NORTH END, ERNAKULAM, KOCHI-682 018. R1 BY GOVERNMENT PLEADER SRI.RON BASTIAN SRI.P.S.APPU, ADVOCATE COMMISSIONER R2-R3 BY ADVS. SRI.C.A.MAJEED, SC SRI.ABDUL HAKHIM M.A., SC
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15-11-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
msv/
WP(C).No. 26594 of 2016 (Y)
APPENDIX
PETITIONER(S)' EXHIBITS
EXHIBIT P5 TRUE COPY OF COMMUNICATION FROM GCDA NUMBER 8583/B-2/2002/GCDA DTD.9.8.2016.
EXHIBIT P8 TRUE COPY OF THE FUNCTION DETAILS OF WORK ORDER DTD.9.2.2016.
EXHIBIT P9 TRUE COPY OF THE ORDER OF THIS HON'BLE COURT DTD.12.8.2016.
EXHIBIT P10 TRUE COPY OF THE COMMISSIONER'S REPORT DTD.19.8.2016.
RESPONDENT(S)' EXHIBITS
EXT.R2(a): A PHOTOSTAT COPY OF THE SAID LETTER SUBMITTED BY THE WRIT PEITTIONER TO THE SECRETARY OF THE 2ND RESPONDENT IN THE WRIT PETITION.
//TRUE COPY//
P.S.TO JUDGE
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SHAJI P. CHALY, J.
W.P.(C)No. 26594 of 2016
Dated this the 15th day of November, 2016
J U D G M E N T
-------------------
Petitioner is the Managing Director of a Private
Limited Company engaged in the business of construction of pandhals, its interior decoration and supply of articles akin to the same. Petitioner has occupied space belonging to the Greater Kochi Development Authority (GCDA) in the Jawaharlal Nehru International Stadium Complex. According to the petitioner, oral permission was granted by the Chairman of the 2nd respondent, to occupy eight rooms which were lying vacant in the above said stadium on a rent of Rs.10/sqft feet. According to the petitioner, forcible possession of the rooms were taken by the 3rd respondent namely, Estate Officer of the 2nd respondent and the materials belonging to the petitioner were retained in the rooms, which was subsequently released as per the interim order passed by this Court in this writ petition.
W.P.(C)No. 26594 of 2016 2
W.P.(C)No. 26594 of 2016 3
Damages suffered by the petitioner is also disputed. Therefore, it can be seen that, there is no care established by the petitioner in respect of the claims made in this writ petition to have considered under Article 226 of the Constitution of India. The subject matter is to be decided by thrashing out the facts and circumstances pointed out by the petitioner and defended by respondents 2 and 3 in a property constituted Civil suit.
Therefore, Writ petition is dismissed, leaving open the liberty of the petitioner to approach the Civil Court in respect of all claims raised by the petitioner in this writ petition, untrammeled by any observations contained above.
Sd/- SHAJI P. CHALY, JUDGE.
rmm/18/11/2016
[ True copy]
P.A. to Judge
3 issues framed by the court
Whether the petitioner has established prima facie care in respect of claims for refund of money, damages, and illegal possession under Article 226 of the Constitution of India.
Suitability of the writ jurisdiction for adjudicating disputes involving property and damages between private parties and development authorities.
Whether the relief sought requires merits determination better handled by a Civil Court.
1 provisions across 1 enactments
P. SREEDHARAN
STATE OF KERALA
GREATER KOCHI DEVELOPMENT AUTHORITY
THE ESTATE OFFICER
K.N. FAJAR
SHAJI P. CHALY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
