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Lions Club Of Thrissivaperoor Town vs State Of Kerala
2024 Latest Caselaw 28955 Ker

Citation : 2024 Latest Caselaw 28955 Ker
Judgement Date : 3 October, 2024

Kerala High Court

Lions Club Of Thrissivaperoor Town vs State Of Kerala on 3 October, 2024

Author: V.G.Arun

Bench: V.G.Arun

                                                    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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