Citation : 2024 Latest Caselaw 28955 Ker
Judgement Date : 3 October, 2024
2024:KER:73446
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
THURSDAY, THE 3RD DAY OF OCTOBER 2024 / 11TH ASWINA, 1946
WP(C) NO. 23251 OF 2024
PETITIONERS:
1 LIONS CLUB OF THRISSIVAPEROOR TOWN
NO. 1147, MPK NAGAR, VIYYUR PO, THRISSUR, KERALA
REPRESENTED BY ITS CLUB SECRETARY, SHRI PS
UNNIKRISHNAN, PIN - 688010
2 SHRI P S.UNNIKRISHNAN, AGED 53 YEARS,
CLUB SECRETARY LIONS CLUB OF THRISSIVAPEROOR TOWN NO.
1147, MPK NAGAR, VIYYUR PO, THRISSUR,
KERALA, PIN - 688010
BY ADVS. M.GOPIKRISHNAN NAMBIAR
K.JOHN MATHAI
JOSON MANAVALAN
KURYAN THOMAS
PAULOSE C. ABRAHAM
RAJA KANNAN
JAI MOHAN
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS CHIEF SECRETARY TO GOVERNMENT,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, KERALA, PIN - 695001
2 DISTRICT COLLECTOR, THRISSUR, COLLECTORATE, AYYANTHOLE
THRISSUR, KERALA, PIN - 680003
3 LAND REVENUE COMMISSIONER,
THIRUVANANTHAPURAM
LAND REVENUE COMMISSIONERATE, PUBLIC OFFICE BUILDING
THIRUVANANTHAPURAM, KERALA, PIN - 695033
SRI. P.S APPU, GP.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
03.10.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2024:KER:73446
WP(C) NO. 23251 OF 2024
2
JUDGMENT
The 1st petitioner, Lions Club of Thrissivaperoor Town,
had set up a heritage park in front of the Civil Station Building
in Thrissur, based on Ext.P1 agreement and has been
maintaining the heritage park, with a coffee kiosk/cafeteria and
other amenities. The petitioners were prompted to approach
this court on getting information about a move to entrust the
conduct of the coffee kiosk with a third party, without
conducting an auction.
2. Heard, learned counsel for the petitioners and the
learned Government Pleader.
3. It is submitted that, Ext.P5 representation is pending
before the District Collector. If so, it is only appropriate for the
District Collector to take a decision on Ext.P5.
The writ petition is hence disposed of, without entering 2024:KER:73446 WP(C) NO. 23251 OF 2024
into the merits of the contentions raised and, directing the 2 nd
respondent to take up Ext.P5 and pass a reasoned order
thereon, after affording an opportunity of hearing to the
petitioners. While taking such decision, 2nd respondent shall
advert to Ext.P6 communication dated 27/05/2024. The interim
order shall continue to be in force till a decision, as directed
above, is taken.
Sd/-
V.G.ARUN JUDGE msp 2024:KER:73446 WP(C) NO. 23251 OF 2024
APPENDIX OF WP(C) 23251/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE AGREEMENT BETWEEN THE 1ST PETITIONER AND THE 2ND RESPONDENT DISTRICT COLLECTOR ON 27.05.2016
Exhibit P2 TRUE COPY OF THE AGREEMENT DATED 27.05.2021 BETWEEN THE 1ST PETITIONER AND THE 2ND RESPONDENT
Exhibit P3 TRUE COPY OF THE PROCEEDINGS DATED 29.06.2021 ISSUED BY THE 2ND RESPONDENT DISTRICT COLLECTOR
Exhibit P4 TRUE COPY OF THE NOTICE DATED 04.05.2023 ISSUED BY THE 2ND RESPONDENT DISTRICT COLLECTOR TO THE 1ST PETITIONER I
Exhibit P5 TRUE COPY OF THE REPRESENTATION DATED 21.05.2024 SUBMITTED BY THE 1ST PETITIONER TO THE 2ND RESPONDENT DISTRICT COLLECTOR
Exhibit P6 TRUE COPY OF THE LETTER DATED 27.05.2024 ISSUED BY THE 2ND RESPONDENT DISTRICT COLLECTOR TO THE 1ST PETITIONER
RESPONDENT EXHIBITS
EXHIBIT R2(A) TRUE COPY OF THE MINUTES DATED 31.05.2024
PETITIONER EXHIBITS
Exhibit P7 TRUE COPY OF THE MINUTES OF THE CIVIL STATION ESTATE COMMITTEE CHAIRED BY THE 2ND RESPONDENT DISTRICT COLLECTOR DATED 31.05.2024
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