, the High Court of Kerala dismissed a writ petition seeking mandamus for the enforcement of a scrap purchase offer, as the court found no legal right or corresponding duty vested in the petitioner.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.T.RAVIKUMAR
&
THE HONOURABLE MR. JUSTICE K.HARIPAL
TUESDAY, THE 03RD DAY OF NOVEMBER 2020 / 12TH KARTHIKA, 1942
WP(C).No.20748 OF 2020(P)
PETITIONER:
AYYANKALI SOCIAL WORKERS LABOUR CONTRACT CO-OPERATIVE SOCIETY LTD. NO. T.2151 STAR LIGHT, 4/483-3, VAVARAMBALAM, POTHENCODE P.O., THIRUVANANTHAPURAM-695584, REPRESENTED BY ITS PRESIDENT C.K.RAGHAVAN.
BY ADV. SRI.A.RAJASIMHAN
RESPONDENTS:
1 TRAVANCORE DEVASWOM BOARD REPRESENTED BY ITS SECRETARY, DEVASWOM HEAD QUARTERS, NANDANCODE P.O., THIRUVANANTHAPURAM-695003.
2 PRESIDENT, TRAVANCORE DEVASWOM BOARD, DEVASWOM HEAD QUARTERS, NANDANCODE P.O., THIRUVANANTHAPURAM-695003.
SRI.G.BIJU, SC, TDB
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03.11.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C).20748/2020
2
JUDGMENT
Ravikumar, J.
The petitioner-society moved this Court seeking the following
prayer:-
"Issue a writ of mandamus directing the 2nd respondent to consider and pass order in Ext.P3 in the light of Ext.P1 and P2 by affording an opportunity of hearing to the petitioner in a time bound manner."
As per Ext.P3, the petitioner expressed its readiness to purchase scraps from the first respondent-Travancore Devaswom Board and obviously, the prayer is to issue a writ of mandamus commanding the second respondent to consider and pass orders thereon. We are at a loss to understand as to how the petitioner-society could seek for issuance of writ of mandamus in respect of the issue involved. Having heard the learned counsel for the petitioner and perusing the pleadings in the writ petition, we do not find any legal right vested with the petitioner and needless to say any corresponding duty cast
W.P.(C).20748/2020
3
upon the TDB in respect of the issue. The petitioner got no legal right to be enforced against the respondents. When aforesaid twin conditions are not satisfied, there is absolutely no question of issuing a writ of mandamus. Realising the legal position, the learned counsel for the petitioner seeks permission to withdraw this writ petition. Recording the said submission, this writ petition is dismissed as withdrawn.
Sd/-
C.T.RAVIKUMAR
JUDGE
Sd/-
K.HARIPAL
JUDGE
spc/
1 issue framed by the court
Whether a writ of mandamus can be issued to direct the second respondent to consider a purchase offer without a vested legal right.
AYYANKALI SOCIAL WORKERS LABOUR CONTRACT CO-OPERATIVE SOCIETY LTD.
TRAVANCORE DEVASWOM BOARD
PRESIDENT, TRAVANCORE DEVASWOM BOARD
C.T.RAVIKUMAR
K.HARIPAL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
