Disposed

The Director, Four Foods Hotel (P) Ltd. v. Haji Abdulla Haji Adam Sait Charitable Endowment

Kerala HC24 Oct 2016WP(C)/32214/2016

Case brief

AI extract

What is this about?

This writ petition challenged proceedings initiated against the petitioners by the first respondent and Second Respondent. The court directed the Second Respondent to consider pending preliminary objections and the impact of a related civil decree before deciding the petition's impact.

What did the court decide?

Direct directions to the Second Respondent to consider pending preliminary objections and related civil decree impact within one month.

The Director, Four Foods Hotel (P) Ltd… — Constitutional and Fundamental Rights | 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 V.CHITAMBARESH &

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THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN

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MONDAY, THE 24TH DAY OF OCTOBER 2016/2ND KARTHIKA, 1938

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WP(C).No. 32214 of 2016 (B)

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PETITIONERS :

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THE DIRECTOR, FOUR FOODS HOTEL (P) LTD., CC 28/3110, CHERUPARAMBATH ROAD, KADAVANTHRA, COCHIN-682020, FRANCIS J.PALLAN, S/O.LATE JOSEPH PALLAN, AGED 64 YEARS, MANAGING DIRECTOR, FOUR FOODS HOTEL (P) LTD., CC 28/3110, CHERUPARAMBATH ROAD, KADAVANTHRA, COCHIN-682020.

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FOUR FOODS HOTEL (P) LTD., CC 28/3110, CHERUPARAMBATH ROAD, KADAVANTHRA, COCHIN-682020, REPRESENTED BY ITS MANAGING DIRECTOR FRANCIS J.PALLAN.

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BY ADVS.SRI.M.P.RAMNATH

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SRI.P.RAJESH KOTTAKKAL SRI.BEPIN PAUL SMT.UMA R.KAMATH SMT.S.SANDHYA SRI.SHALU VARGHESE SEI.M.VARGHESE VARGHESE SMT.SIKHA S.NAIR SMT.B.J.MEYFLOWER

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RESPONDENTS :

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HAJI ABDULLA HAJI ADAM SAIT CHARITABLE ENDOWMENT, MATTANCHERRY, COCHIN-682002, REP. BY ITS MANAGING TRUSTEE H.E.ABDUL RAZAK SAIT, S/O. HAJI ESHAK ABDUL SATHAR SAIT, 81 HARBOUR CREST, KUZHUPALLY ROAD, ERNAKULAM, PIN-682015.

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THE KERALA STATE WAKF BOARD, REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER, V.I.P. ROAD, KALOOR, KOCHI-682017.

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R1 BY ADV. SRI.R.LAKSHMI NARAYAN R1 BY ADV. SMT.R.RANJINI R1 BY ADV. SRI.M.ASHOK KINI BY SRI.K.SHIBILI NAHA, SC, KERALA STATE WAKF BOARD

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24-10-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 32214 of 2016 (B)

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APPENDIX

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PETITIONERS' EXHIBITS

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----------- EXHIBIT P1	------------ TRUE PHOTOSTAT COPY OF THE ENQUIRY NOTICED DATED 24-06-2016 BEARING NO. A14-2407/2016 FROM THE 2^nd RESPONDENT.
EXHIBIT P2	THE TRUE PHOTOSTAT COPY OF THE PRELIMINARY OBJECTIONS DATED 07-09-2016 FILED BY THE PETITIONERS HEREIN AS RESPONDENTS IN EXHIBIT P1 PROCEEDINGS, BEFORE THE 2^ndRESPONDENT.
EXHIBIT P3	TRUE PHOTOSTAT COPY OF THE LETTER DATED 04-05-2016 GIVEN BY 1^stRESPONDENT TO 2^ndRESPONDENT AND SEALED ON 07-05-2016 BY 2^ndRESPONDENT AS GIVEN TO THE PETITIONER IN PURSUANCE OF EXHIBIT P2.
EXHIBIT P4	TRUE PHOTOSTAT COPY OF THE AMENDED PLAINT FILED BY 1^st RESPONDENT HEREIN AS PLAINTIFF IN O.S.NO. 747/2011 BEFORE THE SUB COURT, ERNAKULAM.
EXHIBIT P5	THE TRUE PHOTOSTAT COPY OF THE WRITTEN STATEMENT FILED BY 1^st PETITIONER HEREIN AS 1^stDEFENDANT IN O.S.NO. 747/2011 BEFORE THE SUB COURT, ERNAKULAM.
EXHIBIT P6	TRUE PHOTOSTAT COPY OF THE WRITTEN STATEMENT FILED BY 2^nd PETITIONER HEREIN AS 3^rdDEFENDANT IN O.S.NO. 747/2011 BEFORE THE SUB COURT, ERNAKULAM, ADOPTING THE CONTENTIONS IN EXHIBIT P5.

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RESPONDENTS' EXHIBITS :- NIL.

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True copy

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P.A to Judge

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V.CHITAMBARESH & ANIL K.NARENDRAN, JJ.

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W.P.(C)No.32214 of 2016

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Dated this the 24^th day of October, 2016

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JUDGMENT

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Chitambaresh, J.

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Ext.P1 notice of enquiry issued by the 2^nd respondent has

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been responded to by the the petitioners. Ext.P2 preliminary

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objections filed by the petitioners in this regard is pending.

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We direct the 2^nd respondent to consider Ext.P2 preliminary objections after notice to both the parties. The same shall be done within a period of one month from the date of receipt of a copy of this judgment.

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The impact of the decree in O.S.No.747/2011 or any

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interim order passed in the appeal therefrom shall also be taken into consideration.

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The Writ Petition is disposed of.

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Sd/-

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V.CHITAMBARESH, JUDGE

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Sd/- ANIL K.NARENDRAN, JUDGE

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skj

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True copy

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P.A to Judge

The Director, Four Foods Hotel (P) Ltd. v. Haji Abdulla Haji Adam Sait Charitable Endowment

Case brief

What is this about?

What did the court decide?

The Director, Four Foods Hotel (P) Ltd. v. Haji Abdulla Haji Adam Sait Charitable Endowment

Case brief

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What did the court decide?

What the court decided

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