Dr. Usha Umesh vs Alkarsf Apparels Private Limited
2023 Latest Caselaw 5476 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
             THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
                                    &
                THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
         FRIDAY, THE 28TH DAY OF APRIL 2023 / 8TH VAISAKHA, 1945
                            WA NO. 858 OF 2023
    AGAINST THE JUDGMENT IN WP(C) 41651/2022 OF HIGH COURT OF KERALA
APPELLANT/1ST RESPONDENT:

           DR. USHA UMESH
           AGED 58 YEARS
           W/O. SRJ. R. UMESH CHANDRAN, 5/241D, ADARSH NAGAR,
           YMCA ROAD PIPE LINE JUNCTION, COCHIN-682022 NOW RESIDING AT
           9F, TRINITY HIGH GROW MODEL ENGINEERING COLLEGE ROAD
           THRIKKAKARA, KOCHI, PIN - 682021

           BY ADVS.
           GOPAKUMAR R.THALIYAL
           T.S.RAJASENAN


RESPONDENTS/PETITIONERS & 2ND RESPONDENT:

     1     ALKARSF APPARELS PRIVATE LIMITED
           THIRUVANANTHAPURAM 44/1514, KOCHAR ROAD,
           NEAR HEERA HERITAGE JAGATHY, THIRUVANANTHAPURAM-
           REPRESENTED BY S.R. SREEJITH, MANAGING DIRECTOR,
           PIN - 695014
     2     S.R. SREEJITH
           S/O. SRIDHARAN NAIR, SRJNILAYAM PUNNAMOODU, PALLICHAL (P.O)
           THIRUVANANTHAPURAM, PIN - 695020
     3     THE KERALA INDUSTRIAL INFRASTRUCTURE DEVELOPMENT
           CORPORATION LIMITED (KINFRA), KINFRA HOUSE, TC NO. 31/2312,
           SASTHAMANGALAM, THIRUVANANTHAPURAM, PIN - 695010

           BY ADVS. K.A.SALIL NARAYANAN
           ADV. P U SHAILAJAN


     THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 28.04.2023, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.A No.858 of 2023
                                     2

       BECHU KURIAN THOMAS, C. JAYACHANDRAN, JJ.
     ==============================
             W.A. No.858 of 2023
     ==============================
                Dated this the 28th day of April, 2023

                             JUDGMENT

BECHU KURIAN THOMAS, J.

By the impugned judgment dated 04.04.2023

in W.P.(C.)No.41651 of 2022, learned Single Judge

directed the Kerala Industrial Infrastructure

Development Corporation Ltd., to take a decision on

execution of lease in favour of the first petitioner

after considering the claims raised by the

petitioners for executing such a lease. The

judgment also directed that the orders so issued,

will be subject to the result of the proceedings in

the suit C.S.No.18 of 2021 pending before the

Commercial Court, Thiruvananthapuram.

2. Appellant was the first respondent before

the learned Single Judge. She did not appear,

despite service of notice. Though appellant now W.A No.858 of 2023

contends that she could not appear due to

circumstances beyond her control, we do not intend

to record a finding to that effect, taking into

reckoning the nature of the order that we propose

to issue.

3. The learned Single Judge has only directed

a decision to be taken by the second respondent

based upon the claims raised by the petitioners for

executing the lease. Though a direction to hear the

appellant has not been specifically directed, we

deem it that the principles of natural justice require

the appellant also to be heard by the second

respondent, before such a decision is taken.

4. In the above circumstances, we dispose of

the Writ Appeal, modifying the judgment of the

learned Single Judge to the limited extent of

granting an opportunity of hearing to the appellant

also, before a decision, as directed by the learned

Single Judge is taken. The decision so directed, shall W.A No.858 of 2023

be taken without delay and as expeditiously as

possible.

The Writ Appeal is disposed of as above.

Sd/-

BECHU KURIAN THOMAS

JUDGE

Sd/-

C. JAYACHANDRAN

JUDGE

NB/-28-4 W.A No.858 of 2023

APPENDIX OF WA 858/2023

PETITIONER'S ANNEXURE: NIL RESPONDENTS' ANNEXURE: NIL

TRUE COPY

P.A. TO JUDGE