Petitioner sought allotment of Shop No.3 in Stadium Pavilion and prohibited its auction. Court made interim order absolute, ordering disposal without eviction or re-auction.
Petitioner not to be evicted and Shop No.3 shall not be re-auctioned until fresh decision.
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 A.MUHAMED MUSTAQUE
TUESDAY, THE 17TH DAY OF NOVEMBER 2020 / 26TH KARTHIKA, 1942
WP(C).No.13196 OF 2018(Y)
PETITIONER:
RAIHANATH SHAJUDEEN
AGED 47 YEARS, W/O. SHAJUDEEN, PUTHUPARAMPIL,PERUNNA P.O, CHANGANACHERRY VILLAGE, CHANGANACHERRY TALUK.
BY ADVS.
SRI.K.SHAJ SRI.RENJIT GEORGE
RESPONDENTS:
2 THE MUNICIPAL COUNCIL CHANGANASSERY MUNICIPALITY,REPRESENTED BY ITS CHAIRMAN,MUNICIPAL OFFICE, CHANGANASSERY, KOTTAYAM DISTRICT - 686 101.
3 THE MUNICIPAL CHAIRMAN CHANGANASSERY MUNICIPALITY,MUNICIPAL OFFICE, CHANGANASSERY, KOTTAYAM DISTRICT - 686 101.
BY ADV. SRI.M.P.MADHAVANKUTTY SC FOR CHANGANACHERRY MUNICIPALITY
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17.11.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.13196 OF 2018(Y)
2
JUDGMENT
Dated this the 17th day of November 2020
The writ petition was filed seeking the following reliefs:-
“ A. To issue a writ of mandamus or any other appropriate writ, order or direction to the respondents to allot Shop No.3 in Stadium Pavilion building belonging to the 1st respondent to the petitioner.
B. To issue a writ of mandamus or any other appropriate writ, order or direction to the respondents not to conduct auction or re-tendering of Shop No.3 in Stadium Pavilion building belonging to the 1st respondent or from allotting the same to 3rd parties.”
against re-auction of the shop No.3 in the Stadium Pavilion building.
WP(C).No.13196 OF 2018(Y)
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without taking a decision and communicated the same to the
petitioner in advance.
Sd/-
A.MUHAMED MUSTAQUE
SAS/17/11/2020
JUDGE
WP(C).No.13196 OF 2018(Y)
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APPENDIX
PETITIONER'S EXHIBITS:
| EXHIBIT P1 | THE TRUE COPY OF RECEIPT DATED 18/12/2017 ISSUED BY THE FIRST RESPONDENT. |
|---|---|
| EXHIBIT P2 | THE TRUE COPY OF THE NOTICE DATED 01/03/2017 ISSUED BY THE THIRD RESPONDENT. |
| EXHIBIT P3 | THE TRUE COPY OF REPRESENTATION DATED 28/03/2018 SUBMITTED BY THE PETITIONER TO THE FIRST RESPONDENT. |
| EXHIBIT P4 | THE TRUE COPY OF REPRESENTATION DATED 28/03/2018 SUBMITTED BY THE PETITIONER TO THE SECOND RESPONDENT. |
| EXHIBIT P5 | THE TRUE COPY OF REPRESENTATION DATED 28/03/2018 SUBMITTED BY THE PETITIONER TO THE THIRD RESPONDENT. |
| EXHIBIT P6 | THE TRUE COPY OF RECEIPT ACKNOWLEDGING RECEIPT OF EXHIBIT P3 REPRESENTATION ISSUED BY THE FIRST RESPONDENT. |
| RESPONDENTS' EXHIBITS:- | NIL |
| //TRUE COPY// P.A. TO JUDGE |
RAIHANATH SHAJUDEEN
CHANGANACHERRY MUNICIPALITY
THE MUNICIPAL COUNCIL CHANGANASSERY MUNICIPALITY
THE MUNICIPAL CHAIRMAN CHANGANASSERY MUNICIPALITY
A.MUHAMED MUSTAQUE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
