This writ petition seeking mandamus to settle arrears and certiorari to quash an order was dismissed by this Court as withdrawn by the petitioner, without prejudice to their legal rights.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
&
THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR WEDNESDAY, THE 24TH DAY OF AUGUST 2022 / 2ND BHADRA, 1944
WP(C) NO.24648 OF 2021
PETITIONER:
MATHA SAW MILL
MC ROAD, MAROTTICHODU, MATTOOR KALADY, ERNAKULAM, REPRESENTED BY ITS PROPRIETOR, SRI C P JOY
BY ADVS. R.KRISHNA RAJ E.S.SONI KUMARI SANGEETHA S.NAIR RESMI A.
RESPONDENTS:
1 COCHIN DEVASWOM BOARD REPRESENTED BY ITS PRESIDENT, COCHIN DEVASWOM BOARD HEADQUARTERS, SWARAJ ROUND WEST, THRISSUR, KERALA-680 001.
2 COCHIN DEVASWOM BOARD, REPRESENTED BY ITS SECRETARY, COCHIN DEVASWOM BOARD HEADQUARTERS, SWARAJ ROUND WEST, THRISSUR, EKRALA-680 001.
3 DEVASWOM OFFICER, AZHAKIYAKAVU DEVASWOM, PALLURUTHY, AROOR-THOPPUMPADY ROAD, VALUMMEL, KOCHI, KERALA-682 005.
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WP(C) NO.24648 OF 2021
4* PUNARUDHARANA SAMITHI AZHAKIYAKAVU BAGAVATHY KSHETHRAM, AROOR-THOPPUMPADY ROAD, VALUMMEL, PALLURUTHY, KOCHI - 682005 REPRESENTED BY ITS SECRETARY. *ADDL.R4 IS IMPLEADED AS PER ORDER DATED 07.12.2021 IN IA 1/2021 IN WPC 24648/2021. BY ADVS. K.P.SUDHEER ADVOCATE T.MADHU C.R.SARADAMANI SHAHID AZEEZ RENJISH S. MENON
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR FINAL HEARING ON 24.08.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WP(C) NO.24648 OF 2021
J U D G M E N T
Anil K. Narendran, J.
The petitioner has filed this writ petition seeking a writ of mandamus commanding the respondents to settle the arrears amounting to Rs.28,93,490/- with interest, within a time limit stipulated by this Court. The petitioner has also sought for a writ of certiorari to quash Ext.P5 order dated 13.10.2021 of the Cochin Devaswom Board, whereby the request made by the petitioner in Ext.P3 representation dated 03.04.2021 for disbursement of the aforesaid amount towards the price of timber purchased by Azhakiyakavu Bhagavathy Kshethra Punarudharana Samithi in relation to the renovation work in Azhakiyakavu Bhagavathy Temple, under the management of the Cochin Devaswom Board, stands rejected for the reasons stated therein.
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WP(C) NO.24648 OF 2021
Based on the aforesaid submission made by the learned counsel for the petitioner, this writ petition is dismissed as withdrawn, leaving open the legal and factual contentions raised by the petitioner and also the respondents, and without
prejudice to the legal right, if any, of the petitioner to approach the competent civil court.
Sd/-
ANIL K.NARENDRAN, JUDGE
Sd/-
P.G. AJITHKUMAR, JUDGE
PV/dkr
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WP(C) NO.24648 OF 2021
APPENDIX OF WP(C) 24648/2021
PETITIONER’S EXHIBITS
Exhibit P1 TRUE COPY OF THE REPLY NOTICE DATED 18.10.2016 ISSUED BY THE AZHAKIYAKAVU BHAGAVATHY KSHETHRA UPADESHAKA SAMITHI TO THE PETITIONER
Exhibit P2 TRUE COPY OF THE SAID LETTER DATED 18.10.2016 SUBMITTED BY THE AZHAKIYAKAVU BHAGAVATHY KSHETHRA UPADESHAKA SAMITHI TO THE 3RD RESPONDENT Exhibit P3 TRUE COPY OF THE REPRESENTATION DATED 3.4.2021 SUBMITTED BEFORE THE 1ST RESPONDENT
Exhibit P4 TRUE COPY OF THE JUDGMENT DATED 23.4.2021 IN WPC 9761 OF 2021
Exhibit P5 TRUE COPY OF THE ORDER BEARING NO A5 14886/2019 DATED 13.10.2021 ISSUED BY THE 2ND RESPONDENT
Exhibit P6 TRUE COPY OF CHEQUE ISSUED BY THE TEMPLE ADVISORY COMMITTEE DATED NIL. Exhibit P7 TRUE COPY OF THE STATEMENT SHOWING THE SALE OF TIMBER DATED 3.3.2019
Exhibit P8 TRUE COPIES OF THE INVOICES RAISED BY THE PETITIONER FOR SELLING DATED 19.12.2012 Exhibit P9 TRUE COPIES OF THE INVOICES RAISED BY THE PETITIONER FOR SELLING DATED 5.11.2013 Exhibit P11 TRUE COPIES OF THE INVOICES RAISED BY THE PETITIONER FOR SELLING DATED 20.4.2013
Exhibit P10 TRUE COPIES OF THE INVOICES RAISED BY THE PETITIONER FOR SELLING DATED 21.7.2013
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WP(C) NO.24648 OF 2021
| Exhibit P12 TRUE COPIES OF PETITIONER FOR |
THE INVOICES RAISED BY THE SELLING DATED 6.11.2013 |
|---|---|
| Exhibit P13 TRUE COPIES OF PETITIONER FOR |
THE INVOICES RAISED BY THE SELLING DATED 9.2.2013 |
| Exhibit P14 TRUE COPIES OF PETITIONER FOR |
THE INVOICES RAISED BY THE SELLING DATED 9.7.2014 |
| Exhibit P15 TRUE COPIES OF PETITIONER FOR |
THE INVOICES RAISED BY THE SELLING DATED 13.11.2014 |
| Exhibit P16 TRUE COPIES OF PETITIONER FOR |
THE INVOICES RAISED BY THE SELLING DATED 12.11.2014 |
| Exhibit P17 TRUE COPIES OF PETITIONER FOR |
THE INVOICES RAISED BY THE SELLING DATED 23.6.2017 |
| Exhibit P18 TRUE COPIES OF PETITIONER FOR |
THE INVOICES RAISED BY THE SELLING DATED 9.5.2017 |
| Exhibit P19 TRUE COPIES OF PETITIONER FOR |
THE INVOICES RAISED BY THE SELLING DATED 25.10.2017 |
| Exhibit P20 TRUE COPIES OF PETITIONER FOR |
THE INVOICES RAISED BY THE SELLING DATED 13.12.2017 |
| Exhibit P21 TRUE COPIES OF PETITIONER FOR |
THE INVOICES RAISED BY THE SELLING DATED 7.3.2017 |
Matha Saw Mill
Cochin Devaswom Board
Devaswom Officer, Azhakiyakavu Devaswom
Punarudharana Samithi Azhakiyakavu Bagavathy Kshethram
Anil K.Narendran
P.G. Ajithkumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
