The petitioner sought to lift hypothecation on a vehicle. By the time of hearing, the second respondent had issued a No Objection Certificate, redressing the grievance. The writ petition was deemed infructuous.
Withdrawal of writ petition as the grievance was redressed post-filing.
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 MRS. JUSTICE ANU SIVARAMAN
THURSDAY, THE 16TH DAY OF MARCH 2017/25TH PHALGUNA, 1938
WP(C).No. 39131 of 2016 (N)
PETITIONER(S):
PADMINI RAJAN, AGED 65, (GROUP LEADER DEVIKRIPA GROUP NAYARAMBALAM), W/O.RAJAN, ANCHALASSERY HOUSE, NAYARAMBALAM, KOCHI TALUK, PIN 682 509.
BY ADVS.SRI.P.P.SUBHASH CHANDRAN SMT.M.KABANI DINESH
RESPONDENT(S):
1. THE DISTRICT MANAGER, MATSYAFED ERNAKULAM DISTRICT OFFICE, THOPPUMPADY, KOCHI 682 005.
2. THE SECRETARY, NAYARAMBALAM - EDAVANAKKAD VANITHA MALSYATHOZHILALI, VIKASANA KSHEMA SAHAKARANA SANGAM LTD. NO. F(E) 101/96/CZ, EDAVANAKKAD P.O., PIN 682 502.
3. THE CHAIRMAN, MATSYAFED, KAMALESHWARAM, MANACUD P.O., THIRUVANANTHAPURAM 695 009.
R1 & R3 BY SRI.N.RADHAKRISHNAN, SC, MATSTYAFED
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16-03-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
EL
WP(C).No. 39131 of 2016 (N)
APPENDIX
PETITIONER(S)' EXHIBITS
----------------------P1 TRUE COPY OF THE CERTIFICATE OF REGISTRATION DATED 8.5.2008 OF VEHICLE TATA ACE MAGIC HT BS II BEARING REGISTER NO. KL - 42-B-846 2 TRUE COPY OF THE LETTER ISSUED BY THE 2ND RESPONDENT DATED 29.7.2014 ALONG WITH RECEIPT P3 TRUE COPY OF THE LETTER DATED 25.2.2015 OF THE 2ND RESPONDENT P4 TRUE COPY OF THE LAWYER NOTICES DATED 21.3.2016 ALONG WITH POSTAL RECEIPTS P4A TRUE COPY OF THE LAWYER NOTICES DATED 14.6.2016 ALONG WITH POSTAL RECEIPT P5 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER ON 27.7.2016 BEFORE THE RESPONDENTS 1 AND 2 ALONG WITH THE POSTAL RECEIPT P6 TRUE COPY OF THE COMMUNICATION ISSUED BY THE 1ST RESPONDENT ON 9.8.2016 P7 TRUE COPY OF THE COVERING LETTER DATED 6.9.2016 ALONG WITH THE POSTAL RECEIPTS
RESPONDENT(S)' EXHIBITS
NIL
TRUE COPY
P.S. TO JUDGE
EL
ANU SIVARAMAN, J.
W.P.(C) No.39131 of 2016
Dated this the 16th day of March, 2017
J U D G M E N T
Heard the learned counsel for the petitioner and the learned
Standing Counsel appearing for respondents 1 and 3.
that No Objection Certificate for lifting hypothecation which was prayed for in the writ petition has been granted by the 2nd respondent after service of notice in this writ petition on them.
W.P.(C) No.39131/2016
2
Since the writ petitioner's grievance now stands redressed by the 2nd respondent though after considerable delay, I do not deem it fit to impose cost on the 2nd respondent who is a Fishermen's Co-operative Society.
This writ petition is therefore closed as having become infructuous.
Sd/-
ANU SIVARAMAN JUDGE
smp
Padmini Rajan
District Manager, Matsyafed Ernakulam District Office
Secretary, Nayarambalam - Edavanakkad Vanitha Malasyathozhilali, Vikasana Kshema Sahakarana Sangam Ltd.
Chairman, Matsyafed, Kamaleshwaram
Anu Sivaraman
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
