Allowed

K.Ayyappan Nair v. Kerala Transport Development Finance Corporation Ltd.

Kerala HC9 Jun 2023WP(C)/1232/2023

Case brief

AI extract

What is this about?

This Order sets aside an Ex P4 order directing vacating of a shop room passed without a hearing, directs the respondent to reconsider the matter after affording a hearing to the petitioner and third respondent, and restores electricity supply.

What did the court decide?

Ex P4 set aside; 2nd respondent directed to reconsider matter after hearing parties; status quo and electricity supply restored.

K.Ayyappan Nair Vs Kerala Transport… — Pension and Retirement Benefits | Kerala HC (2023)

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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 P.V.KUNHIKRISHNAN

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FRIDAY, THE 9^TH DAY OF JUNE 2023 / 19TH JYAISHTA, 1945

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WP(C) NO. 1232 OF 2023

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PETITIONER:

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K.AYYAPPAN NAIR AGED 68 YEARS S/O KESAVAN NAIR, RESIDING AT KUNNATHU VILAKATHU VEEDU, ANIYOOOR, CHEMPAZHANTHY P.O., THIRUVANANTHAPURAM, PIN - 695587 BY ADV J.HARIKUMAR

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RESPONDENTS:

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1 KERALA TRANSPORT DEVELOPMENT FINANCE CORPORATION LTD (KTDFC), 6TH FLOOR, TRANS TOWERS, VAZHUTHACAUD, THIRUVANANTHAPURAM REPRESENTED BY ITS MANAGING DIRECTOR, PIN - 695014 2 PRINCIPAL PROJECT CONSULTANT KERALA TRANSPORT DEVELOPMENT FINANCE CORPORATION LTD, 6 TH FLOOR, TRANS TOWERS, VAZHUTHACAUD, THIRUVANANTHAPURAM, PIN - 695014 3 THIRUVANANTHAPURAM DIARY THIRUVANANTHAPURAM REGIONAL CO- OPERATIVE MILK PRODUCERS UNION LTD, P.B.NO.4, AMBALATHARA, POONTHURA P.O. THIRUVANANTHAPURAM REPRESENTED BY ITS AUTHORISED OFFICER THE SENIOR MANAGER, PIN - 695026 BY ADVS. SHRI.T.P.SAJAN, SC, KTDFC Sajan TP LATHA ANAND

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09.06.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P (C) No.1232 of 2023

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P.V.KUNHIKRISHNAN

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- - - - - - - - - - - - - - - - - - - - - W.P (C) No.1232 of 2023

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- - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 9^th day of June, 2023

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JUDGMENT

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This writ petition is filed with the following prayers:-

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“i. To call for the records leading to Exhibit P4 and to issue a writ of certiorari or such other writ, order, or direction, quashing Exhibit P4.

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ii. To issue a writ of mandamus or such other writ, order, or direction, directing the 2^nd respondent to allow the petitioner to continue the operation of the Milma Stall in the light of Exhibit P6 reply by the 3^rd respondent to the 2^nd respondent in the shop room A7 as the authorised Representative of the 3^rd Respondent in continuation of the lease arrangement initiated as per Exhibit P1, P2 ,P3 and the rental agreements in continuation thereof.

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iii. To grant such other reliefs as are deemed fit and proper in the interests of justice as well in the facts and circumstances of this case. .” (SIC)

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The petitioner is aggrieved by Ext.P4 order by

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which shop room A7 is directed to be vacated. The main grievance of the petitioner is that, it is an order passed without giving an opportunity of hearing to the petitioner and without considering Ext.P6 issued by the 3^rd respondent. .

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Heard the learned counsel for the petitioner and

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W.P (C) No.1232 of 2023

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the learned Standing Counsel appearing for the 1^st and 2^nd respondent.

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The counsel for the petitioner reiterated the contentions raised in this writ petition. The Standing Counsel on the other hand submitted that Ext.P4 is an appealable order.

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This court considered the contentions of the petitioner and the respondents. Admittedly, Ext.P4 is an order passed without giving an opportunity of hearing to the petitioner and without considering Ext.P6 proceedings issued by the 3^rd respondent. The Standing Counsel submitted that a notice was issued before issuing Ext.P4 order. But, when an order like Ext.P4 is issued, I am of the considered opinion that an opportunity of hearing should be given to the petitioner and the 3^rd respondent. Therefore, without expressing any opinion on merit, Ext.P4 can be set side and there can be a direction to the 2^nd respondent to reconsider the matter, after giving an opportunity of hearing to the petitioner and the 3^rd respondent.

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Therefore, this writ petition is allowed with the following directions:-

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W.P (C) No.1232 of 2023

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I) Ext.P4 is set aside.

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II) The 2^nd respondent will reconsider the matter, after giving an opportunity of hearing to the petitioner and the 3^rd respondent, as expeditiously as possible, at any rate, within two months from the date of receipt of a copy of this judgment.

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III) The status quo, as on today, will continue till final orders are passed as directed above.

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IV) Basic amenities like electricity should be restored to the petitioner till a decision is taken as directed above.

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Sd/-

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P.V.KUNHIKRISHNAN

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JUDGE

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bng

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W.P (C) No.1232 of 2023

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APPENDIX OF WP(C) 1232/2023

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PETITIONER EXHIBITS

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Exhibit P1	TRUE COPY OF THE LETTER OF PROVISIONAL ALLOTMENT TO THE THIRD RESPONDENT BY THE 2ND RESPONDENT BY LETTER NO. KTDFC/BOTP/ETENDER/SM/304/2018 TMPR DATED 18.10.2019
Exhibit P2	TRUE COPY OF THE LETTER NO.TD/MKTG/27/2019/2631 DATED 25.10.2019 ISSUED BY THE SENIOR MANAGER, THE AUTHORIZED PERSON ON BEHALF OF THE THIRD RESPONDENT
Exhibit P3	TRUE COPY OF THE LETTER NO.TD:MKT:27/2020 DATED 16.09.2020 OF THE THIRD RESPONDENT
Exhibit P4	TRUE COPY OF THE PROCEEDINGS OF THE 2ND RESPONDENT NO. KTDFC/BOT/TPNR/B5/2019 DATED 09.12.2022
Exhibit P5	TRUE COPY OF THE REMITTANCE SLIP DATED 21.12.2022 AT SBI THAMPANOOR BRANCH
Exhibit P6	TRUE COPY OF THE LETTER NO. TD/MKTG/27/2022 GIVEN TO THE PETITIONER BY THE THIRD RESPONDENT DATED 29.12.2022
Exhibit P7	TRUE COPY OF THE REMITTANCE SLIP DATED 05.01.2023 IN THE STATE BANK OF INDIA, THAMPANOOR BRANCH IN THE ACCOUNT OF FIRST RESPONDENT
Exhibit P8	TRUE COPY OF THE REPRESENTATION DATED 06.01.2023 PREFERRED BY THE PETITIONER TO THE THIRD RESPONDENT
Exhibit P9	TRUE COPY OF THE NOTICE DATED 02.12.2022 ISSUED TO THE PETITIONER BY THE HEALTH SUPERVISOR OF THE THIRUVANANTHAPURAM CORPORATION

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W.P (C) No.1232 of 2023

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EXHIBIT P10 A TRUE COPY OF THE PRINT OUT OF THE CASE STATUS OF THE CASE O S NO.1853/2022 OF THE MUNSIFF COURT THIRUVANANTHAPURAM

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RESPONDENT EXHIBITS

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EXHIBIT R2(A) A TRUE COPY OF THE LEASE AGREEMENT DATED 23.12.2021 EXHIBIT R2(B) A TRUE COPY OF ONE OF THE LETTER ISSUED BY KTDFC TO THE THIRD RESPONDENT DATED 25.09.2022 INFORMING THE RENT ARREARS AND REQUESTING REMITTANCE OF RENT ARREARS EXHIBIT R2(C) A TRUE COPY OF THE LETTER NO.KTDFC/BOTP/TPNR/B5/2019 DATED 9.12.2022 ISSUED TO TRCMPU EXHIBIT R2(D) A TRUE COPY OF THE ORDER OF INJUNCTION ISSUED BY 3RD ADDL. MUNSIFF COURT, THIRUVANANTHAPURAM VIDE NO.IA NO.01/2022 IN OS NO. 1853/2022

K.Ayyappan Nair v. Kerala Transport Development Finance Corporation Ltd.

Case brief

What is this about?

What did the court decide?

K.Ayyappan Nair v. Kerala Transport Development Finance Corporation Ltd.

Case brief

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What did the court decide?

What the court decided

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