The court held that Article 226 is not maintainable for specific performance of an agreement between private parties. The writ petition was found infructuous due to the passing of time.
The writ petition is dismissed as not maintainable and infructuous. No costs.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
WEDNESDAY, THE 29TH DAY OF JUNE 2016/8TH ASHADHA, 1938
WP(C).No. 6206 of 2006 (L)
PETITIONER:
E.M. SOMAN, ETTIKKAL HOUSE
THENGAKAL P.O., IDUKKI.
BY ADV. SRI.RENJITH THAMPAN
RESPONDENTS:
1. DISTRICT COLLECTOR COLLECTORATE, IDUKKI.
2. TAHSILDAR, PEERUMEDU TALUK PEERUMEDU, IDUKKI.
3. VILLAGE OFFICER, MANJUMALA VILLAGE OFFICE, IDUKKI.
4. R.B.T.LTD., THENGAKAL ESTATE REP.BY DEPUTY MANAGER.
5. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF REVENUE
SECRETARIAT, TRIVANDRUM.
ADDL.R6. PROVIDENT FUND ORGANISATION, REPRESENTED BY ITS SECRETARY, THIRUVANANTHAPURAM
ADDL.R6 IS IMPLEADED VIDE ORDER DATED 21.03.2006 IN I.A.NO.4114/2006.
R6 BY ADV. SRI.N.N. SUGUNAPALAN, SC, P.F. R6 BY ADV. SMT.T.N.GIRIJA, SC,EPF ORGANISATION ADDL.R6 BY ADV. SRI.N.JAMES KOSHY R1,R2, R3 & R5 BY GOVERNMENT PLEADER MANOJ P. KUNJACHAN
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29-06-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
SD
K. VINOD CHANDRAN, J.
W.P(C). No.6206 of 2006-L
---------------------------------Dated this the 29th day of June, 2016
JUDGMENT
The petitioner seeks for specific performance of an agreement said to have been entered into by the petitioner and the 4th respondent, the latter a Company, for cutting and removing trees from an estate of the Company. Article 226 would not be invoked for settling such disputes between private parties. For that, the writ petition has been pending here from 2006 and by sheer passage of time, the prayers in the writ petition are also rendered infructuous.
The writ petition is dismissed as not maintainable and infructuous. No costs.
Sd/- K. VINOD CHANDRAN, JUDGE.
//True Copy//
P.A. to Judge.
sp/29/06/16
1 issue framed by the court
Whether Article 226 is maintainable for specific performance of an agreement between private parties.
E.M. SOMAN
DISTRICT COLLECTOR COLLECTORATE, IDUKKI
R.B.T.LTD., THENGAKAL ESTATE
K. VINOD CHANDRAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
