Kerala High Court
Kabeer M vs State Of Kerala on 7 February, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
WEDNESDAY, THE 7TH DAY OF FEBRUARY 2024 / 18TH MAGHA, 1945
OP(C) NO. 277 OF 2024
IN C.S. NO.47/2023 OF ASSISTANT SESSIONS COURT/III ADDITIONAL
SUB COURT, KOZHIKODE
PETITIONER(S)/PETITIONER/PLAINTIFF:
KABEER M.,
AGED 41 YEARS, S/O. ABDULLA, CONTRACTOR,
MUNDANGALAM HOUSE, THEKKIL FERRY P.O.,
KASARAGOD DISTRICT, PIN - 671541.
BY ADVS.
BABU JOSEPH KURUVATHAZHA
ARCHANA K.S.
MOHAMMED SHAFI.K
NOEL EALIAS
RESPONDENT(S)/RESPONDENTS/DEFENDANTS:
1 STATE OF KERALA,
REPRESENTED BY SECRETARY,
DEPARTMENT OF PUBLIC WORKS, GOVERNMENT OF KERALA,
THIRUVANANTHAPURAM, PIN - 695001.
2 CHIEF ENGINEER,
PUBLIC WORKS DEPARTMENT (ROADS), PWD OFFICE,
VIKAS BHAVAN, THIRUVANANTHAPURAM, PIN - 695033.
3 SUPERINTENDING ENGINEER,
PUBLIC WORKS DEPARTMENT, NORTH CIRCLE, PWD COMPLEX,
MANANCHIRA, KOZHIKODE, PIN - 673001.
4 EXECUTIVE ENGINEER,
PUBLIC WORKS DEPARTMENT, ROADS DIVISION,
PWD COMPLEX, MANANCHIRA, KOZHIKODE, PIN - 673001.
5 ASSISTANT EXECUTIVE ENGINEER,
PUBLIC WORKS DEPARTMENT, ROADS SUB DIVISION,
KOYILANDY, KOYILANDY P.O., KOZHIKODE, PIN - 673305.
6 ASSISTANT ENGINEER,
PUBLIC WORKS DEPARTMENT, ROADS SECTION, PERAMBRA,
PERAMBRA P.O., KOZHIKODE, PIN - 683525.
SRI.S.UNNIKRISHNAN, GOVERNMENT PLEADER
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON
07.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
O.P(C) No.277 of 2024
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J U D G M E N T
Dated, this the 07th day of February, 2024
Petitioner herein is the plaintiff in the suit,
C.S.No.47/2023, pending before the Additional Sub
Court-III, Kozhikode. Petitioner's limited prayer
is to expedite hearing of Exts.P2 and P5
injunction petitions. Ext.P2 application was
filed along with the suit on 26.07.2023 and
Ext.P5 application, on 30.11.2023, seeking an
injunction restraining the respondents from
cancelling the licence in favour of the
petitioners.
2. Having regard to the limited relief sought
for, notice to the third respondents is dispensed
with. Learned Government Pleader takes notice for
respondents 1 and 2.
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3. In the given facts and circumstances, there
will be a direction to the Additional Sub
Court-III, Kozhikode, to hear and dispose of
Exts.P2 and P5 applications expeditiously, at any
rate, within a period of 40 days from the date of
receipt of a copy of this judgment.
The Original Petition is disposed of, as above.
Sd/-
C. JAYACHANDRAN
JUDGE
Skk//07.02.2024
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APPENDIX OF OP(C) NO.277/2024
PETITIONER'S EXHIBITS:-
EXHIBIT P1 TRUE COPY OF CS NO.47/2023 PENDING ON
THE FILE OF THE LEARNED COMMERCIAL
COURT III A, KOZHIKODE, FILED BY THE
PETITIONER ON 30.06.2023.
EXHIBIT P2 TRUE COPY OF THE IA DATED 27.6.2023
FILED BY THE PETITIONER ON 30.6.2023.
EXHIBIT P3 TRUE COPY OF THE WRITTEN STATEMENT
DATED 16.10.2023 FILED BY THE
DEFENDANTS IN EXT.P1 CS.
EXHIBIT P4 TRUE COPY OF THE DIRECTION DATED 14-
11-2023 ISSUED BY THE 3RD RESPONDENT.
EXHIBIT P5 TRUE COPY OF THE IA DATED 30.11.2023
FILED BY THE PETITIONER ON 4.12.2023.
