The appellant filed a writ appeal challenging a Single Judge's judgment. The court dismissed the appeal as infructuous due to subsequent developments, without addressing substantive legal questions.
Writ appeal dismissed as infructuous.
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 THE CHIEF JUSTICE MR. A.J.DESAI
&
THE HONOURABLE MR.JUSTICE V.G.ARUN
WEDNESDAY, THE 11TH DAY OF OCTOBER 2023 / 19TH ASWINA, 1945
WA NO. 387 OF 2023
AGAINST THE JUDGMENT IN WP(C) 35133/2022 DATED 27.01.2023 OF HIGH COURT OF KERALA
APPELLANT/3RD RESPONDENT:
PRIME SHIPPING AND LOGISTICS
I FLOOR, PUC NO. 6, NEAR LAKSHADWEEP OFFICE, I.G.ROAD,
WILLINGDON ISLAND, KOCHI - 682 003 REPRESENTED BY ITS
PROPRIETRESS REENI GEORGE, W/O. C.G.ANTONY, AGED 49
YEARS, RESIDING AT 10/914-B, CHALAYIL HOUSE,
ANATHAVAIDYAN LANE, VELI, FORT KOCHI, KOCHI, PIN -
682001
BY ADVS.
AADIL NAZARUDEEN
S.K.PREMRAJ
C.ANILKUMAR (KALLESSERIL)
V.SARITHA
K.V.SUDHEER
P.M.MANASH
REENU KURIAN
JAIN VARGHESE
RESPONDENTS/PETITIONER & RESPONDENT NOS.1,2 & 4:
1 M/S.BIG MOVERS, 2/439-B, CONTAINER TERMINAL ROAD, NEAR CHERANALLOOR SIGNAL JUNCTION, ERNAKULAM, PIN - 682034 REPRESENTED BY ITS MANAGING PARTNER MRS. ROSILY XAVIER, W/O. XAVIER, AGED 65 YEARS, RESIDING AT NANKELIL HOUSE, THOPPUMPADY, KOCHI - 6820042 COCHIN PORT TRUST PORT TRUST BUILDING, WILLINGTON ISLAND, KOCHI, PIN - 682009 REPRESENTED BY ITS CHAIRMAN3 ESTATE OFFICER SECRETARY, PORT TRUST BUILDING, WILLINGTON ISLAND, KOCHI, PIN - 6820094 UNION OF INDIA REPRESENTED BY THE SECRETARY TO THE MINISTRY OF SHIPPING,TRANSPORT BHAVAN, SANSAD MARG, NEW DELHI, PIN - 110001WA NO. 387 OF 2023
-2-
BY ADVS.
ABRAHAM JOHN
MANU S. DSG OF INDIA
CGC SUVIN R. MENON;
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON
11.10.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WA NO. 387 OF 2023
-3-
JUDGMENT
A.J.DESAI, C.J.
By way of the present appeal filed under Section 5 of the Kerala High Court Act, the present appellant has challenged the judgment passed by the learned Single Judge dated 27.01.2023, in W.P. (C)No.35133 of 2022.
“The only question to be considered in the writ appeal is whether a writ of mandamus would lie against the Estate Officer, who is stated to be a persona designata under the Public Premises (Eviction of Unauthorized Occupants) Act, 1971. That question can be decided later.
WA NO. 387 OF 2023
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Officer. The Estate Officer shall also advert to the order of
the Commercial Court while passing such orders. ”
Accordingly, the writ appeal is dismissed as infructuous.
Sd/-
A.J.DESAI
CHIEF JUSTICE
Sd/-
V.G.ARUN
JUDGE
uu
11.10.2023
WA NO. 387 OF 2023
-5-
APPENDIX OF WA 387/2023
PETITIONER ANNEXURES
Annexure A1TRUE PHOTOSTAT COPY OF THE ORDER DATED
04.01.2023 PASSED BY THE 3RD RESPONDENT
Annexure A2TRUE PHOTOSTAT COPY OF THE BID DOCUMENT
NO. MSTC-23057 DT. NIL OF THE ESTATE
DIVISION OF THE 2 ND RESPONDENT
Annexure A3TRUE PHOTOSTAT COPY OF THE THE ORDER
DT. 31.01.2023 IN I.A. NO. 2 OF 2022 IN
C.S. NO. 265 OF 2022 ON FILES OF THE
HON'BLE COMMERCIAL COURT-I, ERNAKULAM
PRIME SHIPPING AND LOGISTICS
M.S.BIG MOVERS
COCHIN PORT TRUST
ESTATE OFFICER
UNION OF INDIA
A.J.DESAI
V.G.ARUN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court