The Court dismissed the writ petition against the petitioner who suppressed a memorandum of settlement (Exhibit R7(a)). The Court ordered payment of Rs. 15,000 as costs due to suppression and clean hands bars.
Writ petition dismissed; costs of Rs. 15,000 awarded.
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 K.VINOD CHANDRAN
&
THE HONOURABLE MR.JUSTICE V.G.ARUN
TUESDAY, THE 13TH DAY OF AUGUST 2019 / 22ND SRAVANA, 1941
WP(C).No.7146 OF 2019(P)
PETITIONER/S:
RADHAMANI, AGED 50 YEARS, W/O PADMANABHAN, NADAKKAL HOUSE, MANDOOR P.O., KANNUR-670501.
BY ADVS.
SRI.I.DINESH MENON
SRI.L.RAJESH NARAYAN
RESPONDENT/S:
- 2 -
WP(C).No.71469 of 2019
9 BHASKARAN P., AGED 63 YEARS PARAMBATH HOUSE, CHENGAL, PAZHAYANGADI P.O., KANNUR-670631.
10 ADDL.R10- U.NARAYANAN, SECRETARY, MOTOR TRANSPORT EMPLOYEES UNION (CITU), REGD. NO.1460, PAYYANNUR DIVISION COMMITTEE, PAYYANNUR, PIN-670307.
11 ADDL.R11- THE DEPUTY LABOUR OFFICER, OFFICE OF THE DISTRICT LABOUR OFFICER,
KANNUR, PIN -670001.
ADDL.R10- AND R11 ARE IMPLEADED AS PER ORDER DATED 15/3/2019 IN IA 1/2019.
R7 TO ADDL.R10 BY ADV. SRI.M.V.AMARESAN
OTHER PRESENT:
SR.G.P. SRI. PP THAJUDEEN FOR R1 TO R6 & ADDL.R11. ADV.SRI.P. RAMAKRISHNAN, AMICUS CURIAE
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13.08.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
- 3 -
WP(C).No.71469 of 2019
K. Vinod Chandran & V.G.Arun, JJ. ---------------------------------W.P(C).No.7146 of 2019-P ---------------------------------Dated, this the 13th day of August, 2019
JUDGMENT
Vinod Chandran, J.
We are not happy with the conduct of the petitioner insofar as having suppressed Exhibit R7(a) from us. Considering the fact that the employees who have been kept away from the employment, respondents 7 and 8, were dragged to this Court, we also directed payment of a cost of Rs.15,000/- [Rupees fifteen thousand]; which has been paid. We are of the opinion that no further orders need be passed in the writ petition and we decline the prayers for reason of the petitioner having not come with clean hands before this Court. The writ petition is dismissed. No costs.
Sd/-
K.VINOD CHANDRAN JUDGE
Sd/V.G.ARUN JUDGE
vku/-
- 4 -
WP(C).No.71469 of 2019
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE CERTIFICATE OF REGISTRATION OF KL-58-1661.
EXHIBIT P2 TRUE COPY OF THE STAGE CARRIAGE PERMIT. EXHIBIT P3 TRUE COPY OF THE COMMUNICATION DATED 15.12.2018 NO.G4-4304/18. EXHIBIT P4 TRUE COPY OF THE COMPLAINT DATED 12.2.2019. EXHIBIT P5 TRUE COPY OF THE PHOTOGRAM EVIDENCING HOISTING OF FLAG.
RESPONDENT'S/S EXHIBITS:
EXHIBIT R7(A) TRUE COPY OF MEMORANDUM OF SETTLEMENT DATED 14-02-2019 EXECUTED BEFORE DISTRICT LABOUR OFFICER, KANNUR.
[TRUE COPY]
RADHAMANI
DISTRICT POLICE CHIEF, KANNUR
THE SUB INSPECTOR OF POLICE, PAYYANUR
THE SUB INSPECTOR OF POLICE, KUNNUPURAM
THE SUB INSPECTOR OF POLICE, PAZHAYANGADI
THE SUB INSPECTOR OF POLICE, VALAPATTANAM
K.VINOD CHANDRAN
V.G.ARUN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
