The High Court of Kerala in W.P. (C) No.18660 of 2019 dismissed a petition seeking to continue stall operations at Malampuzha Dam. The petitioner held an expired license and violated terms by remaining. The court held it unjustified to allow continuation pending tender.
Writ petition dismissed; petitioner not permitted to continue running the stall.
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 P.B.SURESH KUMAR
TUESDAY, THE 15TH DAY OF OCTOBER 2019 / 23RD ASWINA, 1941
WP(C).No.18660 OF 2019(F)
PETITIONER:
J.ANEEZE, AGED 28 YEARS, S/O. JAMAL, RESIDING AT VENGODI, OMAYAMPALLAM, ELAPPULLY, PALAKKAD 678 622. BY ADVS. SRI.C.S.MANU SRI.S.K.PREMRAJ
RESPONDENTS:
1 STATE OF KERALA, REPRESENTED BY THE SECRETARY TO THE GOVERNMENT, DEPARTMENT OF WATER RESOURCES, GOVERNMENT SECRETARIAT, TIRUVANANTHAPURAM 695 001.
R3 SRI VINOD GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15.10.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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W.P. (C) No.18660 of 2019
W.P. (C) No.18660 of 2019
J U D G M E N T
The petitioner was running a stall in the premises of the Malampuzha Dam based on a licence arrangement. The term of licence expired on 30.03.2018. The petitioner filed a writ petition before this court alleging inaction on the part of the respondents in renewing the term of the licence, and this court disposed of the said writ petition in terms of Ext.P6 judgment, directing the Government to consider the request of the petitioner. Ext.P7 is the decision taken by the Government in this regard. The request of the petitioner has not been favourably considered by the Government in Ext.P7. Instead, in terms of the said order, the Government directed the competent authority to allot stalls in the premises of the Dam by inviting tenders after evicting the unauthorized vendors inside and outside the Dam premises. Ext.P7 is under challenge in this writ petition.
W.P. (C) No.18660 of 2019 3
the learned counsel for the petitioner.
submitted that tenders are yet to be invited in terms of Ext.P7 order, and prayed for continuance of the stall until the same is allotted to others as per the decision of the Government.
instructions, submitted that the petitioner was granted licence on a specific condition that he shall surrender the stall on the expiry of the period of licence and the petitioner is continuing in the premises of the Dam violating the terms of the licence.
run the stall on a specific condition that he shall surrender the stall on the expiry of the term of the licence is not disputed by the petitioner. The fact that the petitioner is running the stall violating the terms of the licence arrangement entered into by him for the last almost one and half years is also not disputed. The petitioner is now seeking only indulgence of this court to permit him to continue to run the stall until the tender process is over. I do not think that this court would be justified on the
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W.P. (C) No.18660 of 2019
facts of the present case in permitting the petitioner to continue
to run the stall. The writ petition, in the circumstances, is
without merits and the same is, accordingly, dismissed.
Sd/-
P.B.SURESH KUMAR, JUDGE.
YKB
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W.P. (C) No.18660 of 2019
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE NOTIFICATION DT. 2612-2017 ISSUED BY THE 3RD RESPONDENT
EXHIBIT P2 TRUE COPY OF THE REPRESENTATION DT. 01-10-2017 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT
EXHIBIT P3 TRUE COPY OF THE JUDGMENT DATED 10-12018 IN W.P(C) NO. 422 OF 2018 PASSED BY THIS HON'BLE COURT
EXHIBIT P4 TRUE COPY OF THE JUDGMENT DATED 22-32018 IN W.P(C) NO. 5562 OF 2018 PASSED BY THIS HON'BLE COURT
EXHIBIT P5 TRUE COPY OF THE ORDER BEARING NO. E- 4-4517/2017 DATED 5-5-2018 ISSUED BY THE 2ND RESPONDENT TO THE 3RD RESPONDENT
EXHIBIT P6 TRUE COPY OF JUDGMENT DATED 6-12-2018 IN W.P(C) NO. 19529 OF 2018 PASSED BY THIS HON'BLE COURT
EXHIBIT P7 TRUE COPY OF GO(RT) 323/19/WRD DATED 9-5-2019 ISSUED BY THE 1ST RESPONDENT
EXHIBIT P8 TRUE COPY OF THE LETTER NO. 7/MDS/STALL/19-20 DATED 6-7-2019 ISSUED BY ASSISTANT ENGINEER, DAM SECTION, MALAMPUZHA.
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W.P. (C) No.18660 of 2019
RESPONDENT'S/S EXHIBITS:
EXHIBIT R3(a)
A TRUE COPY OF THE SUPPLEMENTARY AGREEMENT DATED 4/4/2017 BETWEEN THE PETITIONER AND THE 3RD RESPONDENT.
//TRUE COPY//
PA TO JUDGE
YKB
1 issue framed by the court
Whether the petitioner development of the license terms and continue running the stall until tenders are invited.
J. Aneeze
State of Kerala
The Chief Engineer, Irrigation Project-1, West Hill, Kozhikode
The Executive Engineer, Irrigation Division, Malampuzha
Sri Vinod GP
P.B. Suresh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
