The Court dismissed the writ petition challenging the award of a parking charges licence as the licence term of three years had expired, rendering the reliefs sought time-barred without examining the merits.
Petition closed without going into the merits of the case.
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 GOPINATH P.
THURSDAY, THE 4TH DAY OF JANUARY 2024 / 14TH POUSHA, 1945
WP(C) NO. 998 OF 2017
PETITIONER/S:
ALI P.M S/O.KADARKUTTY, MANAGING PARTNER, THANAL CHELAVOOR, RESIDING AT KUNDUMPURATH HOUSE, CHELAVOOR P.O., KOZHIKODE-673571
BY ADV SRI.O.D.SIVADAS
RESPONDENT/S:
1 THE SOUTHERN RAILWAY REPRESENTED BY GENERAL MANAGER, CHANNAI-626127
BY ADVS. SRI.C.DINESH SRI.U.BALAGANGADHARAN
SRI. JUSTINE JACOB, SR. G.P
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04.01.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P (C) No.998/2017
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J U D G M E N T
The petitioner has approached this court challenging the award of licence for collection of parking charges by the Southern Railway to the 3rd respondent. A perusal of the pleadings in the writ petition and the terms of Ext.P1 tender will indicate that the licence in question was for a term of 3 years from 03-11-2016. It is therefore clear that by passage of time the reliefs sought for in the writ petition cannot be granted. Therefore this writ petition is closed without going into the merits of the matter.
Sd/- GOPINATH P. JUDGE
AMG
W.P (C) No.998/2017
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APPENDIX OF WP(C) 998/2017
PETITIONER EXHIBITS
| EXHIBIT | P1 COPY OF THE BY THE PETIT |
TENDER IN THE PRESCRIBED FORM SUBMITTED IONER |
|---|---|---|
| EXHIBIT | P2 COPY OF THE PETITIONER |
SOLVENCY CERTIFICATE PRODUCED BY THE |
| EXHIBIT | P3 COPY OF THE |
DECLARATION SUBMITTED BY THE PETITIONER |
| EXHIBIT | P4 COPY OF THE PETITIONER |
EXPERIENCE CERTIFICATE PRODUCED BY THE |
| EXHIBIT | P5 COPY OF THE DATED 14.12. |
LETTER NO.J/C.300/VPS/TENDER/CLT/2016 2016 ISSUED BY THE 2ND RESPONDENT |
1 issue framed by the court
Whether the writ petition challenging the award of parking licence can be granted given the lapse of the licence term.
Ali P.M
The Southern Railway
Divisional Railway Manager Commercial Palakkad Division
K.Raju
Gopinath P.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
