Writ petition filed by licensees of stalls at Malampuzha Gardens seeking consideration of representations regarding their livelihood and improvements. Court directed respondents to consider representations within a month.
Direction to second respondent to consider pending representations on merits with an opportunity of hearing within one month.
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
WEDNESDAY, THE 10TH DAY OF JANUARY 2018 / 20TH POUSHA, 1939
WP(C).No. 422 of 2018
PETITIONER(S):
RESPONDENT(S):
1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO THE GOVERNMENT, DEPARTMENT OF WATER RESOURCES, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.
3. THE EXECUTIVE ENGINEER IRRIGATION DIVISION, MALAMPUZHA, PALAKKAD - 678 651. BY GOVERNMENT PLEADER SMT.VINITHA B
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10-01-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
-2-
WP(C).No. 422 of 2018
ADDRESS OF THE SECOND RESPONDENT IS CORRECTED AS
THE CHIEF ENGINEER IRRIGATION PROJECT-I. WEST HILL, KOZHIKODE-5
(AS PER ORDER IN IA NO.1102 OF 2018 DATED 31.1.2018)
Sd/-
ASSISTANT REGISTRAR
WP(C).No. 422 of 2018 ©
APPENDIX
PETITIONER(S)' EXHIBITS:
EXHIBIT P1 TRUE PHOTOSTAT COPY OF THE NOTIFICATION DT. 26.12.2017 ISSUED BY THE 3RD RESPONDENT. EXHIBIT P2 TRUE PHOTOSTAT COPY OF THE REPRESENTATION DT. 01.10.2017 SUBMITTED BY THE PETITIONERS TO THE 2ND RESPONDENT.
EXHIBIT P3 TRUE PHOTOSTAT COPY OF THE REPRESENTATION DT. 07.10.2017 SUBMITTED BY THE PETITIONERS TO THE 2ND RESPONDENT.
RESPONDENTS EXHIBITS: NIL
//TRUE COPY//
P.A. TO JUDGE
dlk
SHAJI P. CHALY, J.
W.P.(C) No.422 of 2018
Dated this the 10th day of January, 2018
JUDGMENT
Petitioners were allotted with stalls for a period of three
years near the gate of Malampuzha Gardens on a licence basis,
consequent to a tender invited. The period of the petitioners
licence is due to expire in March . According to the petitioners,
they eke out their livelihood from their present business run in
the licensed premises. It is also stated that, petitioners have
made improvements of a permanent nature in the licensed
premises expending considerable amounts. Petitioners seek
continuance of the licence in the premises in question, and in
order to ventilate their grievances have submitted Exts.P2 and
P3 before the second and third respondents, which are pending
consideration. The sole relief sought for by the petitioner is
W.P.(C) No.422 of 2018
2
consideration of Exts.P2 and P3 on an early basis.
learned Government Pleader, there will be a direction to the second respondent to consider Exts.P2 and P3 in accordance with law, and attain finality to the same, at the earliest possible
time, after providing an opportunity of hearing to the petitioners, and at any rate, within a month from the date of
receipt of a copy of this judgment.
shall not be construed as an expression of opinion on merits of
the matter or rival interest of the parties.
Writ petition is disposed of accordingly.
Sd/-
SHAJI P. CHALY, JUDGE
dlk/10/1/
G. MANEESH
V.V. HUSSAIN
JAMSHEER
J. ANEEZE
MAHADEVAN
STATE OF KERALA REPRESENTED BY THE SECRETARY TO THE GOVERNMENT, DEPARTMENT OF WATER RESOURCES, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM
SHAJI P. CHALY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
