Dismissed

Mahesh.K.K. v. the Kannur Coporation

Kerala HC13 Dec 2022WP(C)/6585/2017

Case brief

AI extract

What is this about?

High Court of Kerala dismissed writ petitions seeking directions to permit the petitioner to conduct Payyambalam Beach Park for 3 years. Court observed agreement expired and dismissed petitions noting nothing further survives.

What did the court decide?

Petitioner sought directions to conduct park and cafeteria under expired agreement and declaration regarding closure authority; relief denied.

Mahesh.K.K. Vs the Kannur Coporation — Contract and Commercial Disputes | Kerala HC (2022)

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WP(C) NOs.6585 & 9494 OF 2017

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V TUESDAY, THE 13^TH DAY OF DECEMBER 2022 / 22ND AGRAHAYANA, 1944

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WP(C) NO. 6585 OF 2017

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PETITIONER:

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MAHESH.K.K. S/O.SREEDHARAN, AGED 40 YEARS, NOONJIL HOUSE, MAVILAYI P.O., KANNUR TALUK, KANNUR DISTRICT

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BY ADVS. SRI.M.SASINDRAN SRI.V.VENUGOPAL

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RESPONDENTS:

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1 THE KANNUR CORPORATION REPRESENTED BY ITS SECRETARY, KANNUR-670001

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2 THE SECRETARY KANNUR CORPORATION, KANNUR-670001

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3 THE KANNUR DISTRICT TOURISM PROMOTION COUNCIL KANNUR-670002, REPRESENTED BY ITS SECRETARY

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4 THE DISTRICT COLLECTOR KANNUR-670001

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BY ADVS. SMT.S.AMBILY SMT.M.MEENA JOHN, SC, KANNUR MUNICIPAL CORPORATION GOVERNMENT PLEADER SRI.ABILASH THOMAS SRI.K.K.CHANDRAN PILLAI SR.

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WP(C) NOs.6585 & 9494 OF 2017

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SMT.P.ELSAMMA JOSEPH SRI.P.R.HARI KISHAN SRI.K.V.KRISHNAKUMAR SMT.NAMITHA NAMBIAR

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SMT MEENA JOHN, SC SMT MARY BEENA JOSEPH, SR GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13.12.2022, ALONG WITH WP(C).9494/2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NOs.6585 & 9494 OF 2017

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V

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TUESDAY, THE 13^TH DAY OF DECEMBER 2022 / 22ND AGRAHAYANA, 1944

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WP(C) NO. 9494 OF 2017

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PETITIONER:

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MAHESH K.K S/O.SREEDHARAN, AGED 40 YEARS,NOONJIL HOUSE, MAVILAYI.P.O,KANNUR TALUK,KANNUR DISTRICT.

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BY ADVS. SRI.M.SASINDRAN SRI.P.SASI SRI.V.VENUGOPAL

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RESPONDENTS:

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1 THE KANNUR DISTRICT TOURISM PROMOTION COUNCIL KANNUR-670002-REPRESENTED BY ITS SECRETARY.

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2 THE CHAIRMAN-DISTRICT COLLECTOR, KANNUR KANNUR DISTRICT TOURISM PROMOTION COUNCIL, KANNUR-670002.

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SMT.MARY BEENA JOSEPH, SR GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13.12.2022, ALONG WITH WP(C).6585/2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NOs.6585 & 9494 OF 2017

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JUDGMENT

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These writ petitions are filed seeking issuance of directions to the respondents 1 and 2 to open and permit the petitioner to conduct Payyambalam Beach Park, Food Court, Comfort Station and Parking area based on Ext.P1 agreement. The petitioner has also sought for a declaration that the respondents 1 and 2 have no right or authority to close down Payyambalam Beach park Cafeteria.

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I find from the records that Ext.P1 agreement was for the conduct of the park for a period of three years from 1st July 2015 to 30th of June, 2018. The said period has long expired. In that view of the matter, nothing further survives in these writ petitions.

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These writ petitions are closed.

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Sd/-

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RAJA VIJAYARAGHAVAN V

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JUDGE

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IAP

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WP(C) NOs.6585 & 9494 OF 2017

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APPENDIX OF WP(C) 9494/2017

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PETITIONER'S EXHIBITS:

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EXT.P1	TRUE COPY OF THE AGREEMENT ENTERED INTO BETWEEN THE PETITIONER AND THE 1ST RESPONDENT
EXT.P2	TRUE COPY OF THE RECEIPTS SHOWING THE REMITTANCE OF THE LEASE RENT BY THE PETITIONER
EXT.P3	TRUE COPY OF THE REQUEST MADE BY THE PETITIONER TO THE 1ST RESPONDENT DATED 19.12.2016
EXT.P3(A)	TRUE COPY OF THE REQUEST MADE BY THE PETITIONER TO THE 1ST RESPONDENT DATED 19.12.2016
EXT.P4	TRUE COPY OF THE NOTICE ISSUED BY THE PETITIONER DATED 19.1.2017
EXT.P4(A)	TRUE COPY OF THE NOTICE ISSUED TO THE PETITIONER DATED 17.11.2016
EXT.P5	TRUE COPY OF THE REPLY SUBMITTED BY THE PETITIONER DATED 27.1.2017.
EXT.P6	TRUE COPY OF THE PUBLICATION EFFECTED IN THE MATHRUBHUMI NEWS DAILY DATED 5.3.2017 INVITING TENDER FOR CONDUCTING KANNUR PAYYAMBALAM BEACH PARK,CAFETERIA,FOOD COURT,COMFORT STATION AND PARKING AREA.
EXT.P7	A TRUE COPY OF THE LETTER DATED 28.2.2017 ISSUED BY THE 2ND RESPONDENT

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WP(C) NOs.6585 & 9494 OF 2017

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APPENDIX OF WP(C) 6585/2017

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PETITIONER'S EXHIBITS:

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EXHIBIT	P1 A TRUE COPY OF THE AGREEMENT ENTERED INTO BETWEEN THE PETITIONER AND THE 3RD RESPONDENT
EXHIBIT	P2 A TRUE COPY OF THE RECEIPT SHOWING THE REMITTANCE OF THE LEASE RENT BY THE PETITIONER
EXHIBIT	P3 A TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT
EXHIBIT	P4 A TRUE COPY OF THE NOTICE ISSUED BY THE MUNICIPALITY TO THE PETITIONER DATED 30.01.2017
EXHIBIT	P5 A TRUE COPY OF THE RECEIPT SHOWING THE ACCEPTANCE OF APPLICATION FOR STABILITY CERTIFICATE AND LICENSE
EXHIBIT	P6 A TRUE COPY OF THE NOTICE DATED 27.11.2017 ISSUED BY THE 3RD RESPONDENT

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RESPONDENTS' ANNEXURE:

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ANNEXURE 1 COPY OF THE SURVEY SKETCH PREPARED BY THE TOWN SURVEYOR

Mahesh.K.K. v. the Kannur Coporation

Case brief

What is this about?

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Mahesh.K.K. v. the Kannur Coporation

Case brief

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What did the court decide?

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