Vijay Constructions v. the Union of India
Case brief
What is this about?
The High Court of Kerala closed a writ petition seeking satisfaction of a decree, leaving all contentions raised in the writ petition open without adjudication.
The High Court of Kerala closed a writ petition seeking satisfaction of a decree, leaving all contentions raised in the writ petition open without adjudication.
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.V.KUNHIKRISHNAN
TUESDAY, THE 14TH DAY OF DECEMBER 2021 / 23RD AGRAHAYANA,
1943
WP(C) NO. 22789 OF 2020
PETITIONER/S:
VIJAY CONSTRUCTIONS
ENGINEERS AND CONTRACTORS, MYKULANGARA,
KOLENCHERRY REP. BY ITS MANAGING PARTNER
M.P.ITTOOP, AGED 79 YEARS, SON OF LATE ITTAN
VARKEY
BY ADVS.
RAJIV ABRAHAM GEORGE
SRI.EAPEN ABRAHAM GEORGE
RESPONDENT/S:
1 THE UNION OF INDIA REP.BY THE PRINCIPAL SECRETARY, MINISTRY OF LAW AND JUSTICE, GOVERNMENT OF INDIA, 3RD FLOOR, 'C'WING, LOK NAYAK BHAVAN, KHAN MARKET, NEW DELHI-1100032 THE STATE OF KERALAREP.BY THE CHIEF SECRETARY, GOVERNMENT OF
KERALA, 2ND FLOOR, NORTH BLOCK, GOVERNMENT
SECRETARIAT, STATUE, THIRUVANANTHAPURAM-695 001
3 THE STATE OF KERALA REP.BY THE PRINCIPAL SECRETARY, DEPARTMENT OF LAW, GOVERNMENT OF KERALA, ROOM NO.375, 1ST FLOOR, MAIN BLOCK, GOVT. SECRETARIAT, THIRUVANANTHAPURAM-695 0014 THE STATA OF KERALA REP.BY THE SUPERINTENDING ENGINEER, PUBLIC WORKS DEPARTMENT, NH CENTRAL CIRCLE, VYTTILA, KOCHI682019-2-
W.P.(C). No. 22789 of 2020
5 THE VII ADDITIONAL DISTRICT JUDGE DISTRICT COURT COMPLEX, PARK AVENUE ROAD, KOCHI-682 0116 ADDL.R6. THE STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, HOME DEPARTMENT, GOVERNMENT SECRETARIAT, TRIVANDRUM - 695 001.7 ADDL.R7. THE REGISTRAR GENERAL, HIGH COURT OF KERALA, HIGH COURT ROAD, MARINE DRIVE, COCHIN - 682 031.ADDL.R6 AND R7 ARE IMPLEADED VIDE ORDER DATED
3.11.2020 IN I.A.1/2020 IN WP(C)NO.22789/2020.
BY ADVS.
SRI.SANTHOSH MATHEW
SHRI.B.G.HARINDRANATH
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 14.12.2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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W.P.(C). No. 22789 of 2020
P.V.KUNHIKRISHNAN, J.
W.P.(C) No. 22789 of 2020
Dated this the 14th day of December, 2021
JUDGMENT
When this writ petition came up for consideration, the
learned counsel for the petitioner submitted that the decree is already satisfied and the same is recorded by the Commercial Court. He also submitted that the question raised in this writ petition may be left open.
Therefore, this writ petition is closed leaving open all the
contentions raised in this writ petition.
sd/-
P.V.KUNHIKRISHNAN JUDGE
das
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W.P.(C). No. 22789 of 2020
APPENDIX OF WP(C) 22789/2020
PETITIONER EXHIBITS
EXHIBIT P1TRUE COPY OF REPORT NO.253 OF THE LAW
COMMISSION OF INDIA.
EXHIBIT P2TRUE COPY OF SCHEDULE ALONG WITH ITS
ACCOMPANIMENT TO THE NOTIFICATION
PUBLISHED IN KERALA GAZATTEE
EXTRAORDINARY DATED 5.3.2020.
EXHIBIT P3TRUE COPY OF NOTIFICATION DATED
10.8.2020 ISSUED BY THIS HONOURABLE
COURT.
EXHIBIT P4TRUE COY OF NOTIFICATION DATED
15.2.2018 ISSUED BY GOVERNMENT OF
MAHARASTRA
EXHIBIT P5TRUE COPY OF NOTIFICATIONS DATED
21.9.2017, 8.11.2017, 30.1.2018 AND
31.7.2018 ISSUED BY THE GOVERNMENT OF
KARNATAKA
EXHIBIT P6TRUE COPY OF ORDER DATED 24.8.2020 OF
THE 5TH RESPONDENT.
Vijay Constructions Engineers and Contractors, Mykulangara
Union of India
State of Kerala
P.V.Kunhikrishnan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court