The High Court of Kerala disposed of a writ petition concerning contractual disputes upon the filing of a mediation report confirming that the subject matter had been settled between the parties.
Writ petition disposed of on grounds of settlement between parties through mediation.
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 25TH DAY OF OCTOBER 2016/3RD KARTHIKA, 1938
WP(C).No. 3274 of 2016 (H)
PETITIONER(S):
T.SASIREKHA, PROPRIETRIX,M/S.PRIYA ENTERPRISES ELECTRICALS, NEW NO.213, OLD NO.143, VALLUVARKOTTAM HIGH ROAD, NUNGAMPAKKAM, CHENNAI-34.
BY ADVS. SRI.L.GOPALAKRISHNAN POTTI SRI.A.DINESH RAO
RESPONDENT(S):
1. KERALA TOURISM DEVELOPMENT CORPORATION HOTELS AND RESORTS LTD., REPRESENTED BY ITS MANAGING DIRECTOR, MASCOT SQUARE, THIRUVANANTHAPURAM-695 033.
2. KITCO LTD, REPRESENTED BY ITS MANAGING DIRECTOR,
POST BOX NO.4407, FEMITHS, PUTHIYA ROAD, N.H.BYE PASS,VENNALA,
KOCHI-682 028.
3. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO THE TOURISM DEPARTMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.
R1 BY ADV. SRI.THOMAS MATHEW NELLIMOOTTIL, SC, KTDC R2 BY ADV. SRI.M.GOPIKRISHNAN NAMBIAR R2 BY ADV. SRI.P.GOPINATH R2 BY ADV. SRI.P.BENNY THOMAS R2 BY ADV. SRI.K.JOHN MATHAI R2 BY ADV. SRI.JOSON MANAVALAN R2 BY ADV. SRI.KURYAN THOMAS R2 BY ADV. SRI.NITHIN GEORGE R BY GOVERNMENT PLEADER SRI. RON BASTIAN
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25-10-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
rvs.
WP(C).No. 3274 of 2016 (H)
APPENDIX
PETITIONER(S)' EXHIBITS:
| EXT. P1 | TRUE COPY OF THE EA GRADE CONTRACTORS LICENCE ISSUED BY THE ELECTRICAL LICENSING BOARD,GOVERNMENT OF TAMIL NADU AND DATED 23.06.2006. |
|---|---|
| EXT. P2 | TRUE COPY OF LETTER OF AWARD OF WORK DATED 14TH JANUARY 2010 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER. |
| EXT. P3 | TRUE COPY OF ARTICLES OF AGREEMENT ENTERED INTO BY THE 2ND RESPONDENT WITH THE PETITIONER. |
| EXT. P4 | TRUE COPY OF THE PAYMENT MADE BY THE 2ND RESPONDENT TO THE PETITIONER. |
| EXT. P5 | TRUE COPY OF THE COMMUNICATIONS DATED 24.02.2014 ADDRESSED TO THE 1ST RESPONDENT. |
| EXT. P6 | TRUE COPY OF THE LAWYER'S NOTICE ADDRESSED TO THE 2ND RESPONDENT AND DATED 04.04.2014. |
| EXT. P7 | TRUE COPY OF THE COMMUNICATION DATED 09.05.2014 ADDRESSED TO THE 2ND RESPONDENT. |
| EXT. P8 | TRUE COPY OF THE REPLY ISSUED BY THE 2ND RESPONDENT DATED 24.05.2014 ADDRESSED TO THE PETITIONER. |
| EXT. P9 | TRUE COPY OF THE REPLY DATED 22.05.2014 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER. |
| EXT. P10 | TRUE COPY OF THE NOTICE DATED 10.04.2015 ISSUED BY THE PETITIONER TO THE 1ST AND 2ND RESPONDENT. |
| EXT. P11 | TRUE COPY OF THE REPLY NOTICE ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER. |
| EXT. P12 | TRUE COPY OF THE REPLY TO EXT.P11 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER |
| EXT. P13 | TRUE COPY OF THE LETTER DATED 06.11.2014. |
| EXT. P14 | TRUE COPY OF THE JUDGMENT DATED 9TH DAY OF DECEMBER 2014 IN WP(C)NO.14163/2014. |
| EXT. P15 | TRUE COPY OF THE MINUTES OF THE MEETING DATED 16/09/2014 RELIED TO IN THE JUDGMENT. |
| EXT. P16 | TRUE COPY OF THE JUDGMENT DATED 13TH DAY OF JANUARY 2015 CONFIRMING THE DECISION OF THE LEARNED SINGLE JUDGE AND DISMISSING THE WRIT APPEAL NO.64/2015. |
RESPONDENT(S)' EXHIBITS:
NIL.
/TRUE COPY/
P.A.TO JUDGE
rvs.
SHAJI P. CHALY, J.
W.P.(C). NO. 3274 OF 2016
Dated this the 25th day of October, 2016
JUDGMENT
This writ petition was referred for settlement through
mediation. Today a report is filed by which it is seen that the subject matter of this writ petition is settled by and between the parties, as per the terms contained thereunder.
Therefore, this writ petition is disposed of recording that the issue is settled by and between the parties in mediation. The mediation settlement agreement and the documents appended to it, will form part of this judgment.
SHAJI P. CHALY JUDGE
DCS
T. Sasirekha
Kerala Tourism Development Corporation Hotels and Resorts Ltd.
KITCO Ltd
State of Kerala
Shaji P. Chaly
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
