This writ petition challenges actions regarding a kiosk termination and renewal. The Court dismissed the petition because the petitioner failed to comply with interim conditions imposed previously by the same Court.
Writ petition dismissed as the petitioner failed to comply with conditions for interim relief.
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
THURSDAY, THE 6TH DAY OF JULY 2023 / 15TH ASHADHA, 1945
WP(C) NO. 15844 OF 2023
PETITIONER/S:
NAZEEMA A.M, AGED 54 YEARS
W/O.JAMAL T.H, THALAKKOTTIL HOUSE, NEAR AL-AMEEN
NAGAR, NOCHIMA ALUVA, ERNAKULAM., PIN - 683563
BY ADV SUNIL JACOB JOSE
RESPONDENT/S:
1 KOCHI METRO RAIL LIMITED, 4TH FLOOR, JLN STADIUM METRO STATION, KALOOR, REPRESENTED BY ITS MANAGING DIRECTOR., PIN - 6820172 THE MANAGING DIRECTOR, KOCHI METRO RAIL LIMITED, 4TH FLOOR,JLN STADIUM METRO STATION, KALOOR., PIN - 682017BY ADVS.
M.U.VIJAYALAKSHMI
K.JAJU BABU (SR.)(K/116/1981)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.07.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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W.P.(C). No. 15844 of 2023
P.V.KUNHIKRISHNAN, J.
W.P.(C) No. 15844 of 2023
Dated this the 6th day of July, 2023
JUDGMENT
The above writ petition is filed with following prayers:
“(i) Call for the entire records leading to the issuance of Ext.P9 and quash Ext.P7 & P9 being unsustainable in law;
(ii) declare the actions and inactions of the respondents as illegal, and arbitrary;
(iii) Issue a writ of mandamus or any other appropriate writ order or direction on the respondents to permit the petitioner to continue to conduct the kiosk No.JOS JN 100;
(iv) Issue a writ of mandamus or any other appropriate writ order or direction on the respondents to consider and pass orders on Ext P6, after hearing the petitioner,
(v) Direct the respondents to reconnect the electric connection to the petitioners kiosk No.JOS JN 100;
(vi) Direct the respondents to keep in abeyance all further actions pursuant to Ext P9;
(vii) Dispense with the production of English translation of the vernacular documents produced in the writ petition;
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(viii) grant such other reliefs as prayed for by the petitioner in due course which shall be deemed just and fit; AND
(ix) award the cost of the petitioner.” (sic)
Court passed an order dated 19.05.2023. The same is extracted
hereunder:
“The interim prayer sought by the petitioner is for restoration of electricity connection to the petitioner’s Kiosk No.JOS JN 100.
The said interim prayer was stoutly opposed by the learned Standing Counsel for the respondent. It is pointed out that the amounts due from the petitioner is Rs.5,07,080/- towards licence fee and Rs.50,336/- towards electricity charges.
After considering all the relevant aspects, I deem it appropriate to pass an interim order directing restoration of electricity connection to the petitioner’s Kiosk upon the petitioner depositing an amount of Rs.1,00,000/- (Rupees one lakh) towards licence charges and on payment of electricity charges due as on date.”
Now it is submitted that the condition imposed by this Court for
granting interim order for restoration of Electricity, was not complied
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W.P.(C). No. 15844 of 2023
with. If that be so, the petitioner is not entitled any discretionary
relief. Therefore, this writ petition is dismissed.
sd/-
P.V.KUNHIKRISHNAN JUDGE
das
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W.P.(C). No. 15844 of 2023
APPENDIX OF WP(C) 15844/2023
PETITIONER EXHIBIT |
S |
|---|---|
Exhibit P1 |
PHOTOCOPY OF THE PAMPHLET PUBLISHED BYTHE RESPONDENTS |
Exhibit P2 |
TRUE COPY OF THE PROVISIONAL ALLOTMENTLETTER DATED 15/12/2021 OF THE 1STRESPONDENT |
Exhibit P3 |
TRUE COPY OF THE FINAL ALLOTMENT ORDERDATED 06/01/2022 OF THE 1ST RESPONDENT |
Exhibit4 |
TRUE COPY OF THE FINAL ALLOTMENT ORDERIN RESPECT OF KIOSK NO. JOS JN 104DATED 6/1/2022 |
Exhibit P5 |
TRUE COPY OF THE EMAIL DATED 17/02/2022OF THE RESPONDENTS TO THE PETITIONER |
ExhibitP6 |
TRUE COPY OF THE REPRESENTATION OF THEPETITIONER SUBMITTED BEFORE THE 2NDRESPONDENT DURING JULY 2022 |
ExhibitP7 |
TRUE COPY OF THE NOTICE OF TERMINATIONKMRL/FIN/PPP/TER/JOSJN/01 DATED3/2/2023 OF THE 1ST RESPONDENT |
ExhibitP8 |
TRUE COPY OF THE RELEVANT PORTION OFNEWS REPORT IN KERALA KAUMADI DAILYDATED 01/04/2023 |
Exhibit P9 |
TRUE COPY OF THE TERMINATION ORDERKMRL/FIN/PPP/TER/JOSJN/01 DATED |
5/5/2023 OF THE 1ST RESPONDENT |
1 issue framed by the court
Whether the petitioner is entitled to discretionary relief when the condition imposed by the Court for granting interim order was not complied with?
NAZEEMA A.M
KOCHI METRO RAIL LIMITED
THE MANAGING DIRECTOR, KOCHI METRO RAIL LIMITED
P.V.KUNHIKRISHNAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court