Kerala High Court
Jatayupara Tourism Private Limited vs The State Of Kerala on 30 October, 2024
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WP(C) NO. 9427 OF 2020
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.M.MANOJ
WEDNESDAY, THE 30TH DAY OF OCTOBER 2024 / 8TH KARTHIKA,
1946
WP(C) NO. 9427 OF 2020
PETITIONERS:
1 JATAYUPARA TOURISM PRIVATE LIMITED
REGD. OFFICE AT JATAYU EARTHS CENTER, JATAYU
JUNCTION, CHADAYAMANGALAM, KOLLAM, KERALA-691
534, REPRESENTED BY ITS EXECUTIVE DIRECTOR
(ADMINISTRATION AND OPERATION).
2 VASU JAYAPRAKASH, AGED 51 YEARS
S/O.P.K.VASU, EXECUTIVE DIRECTOR
( ADMINISTRATION AND OPERATIONS)., M/S.JATAYU
PARA TOURISM PRIVATE LIMITED, REGD. OFFICE AT
JATAYU EARTH'S CENTER, JATAYU JUNCTION,
CHADAYAMANGALAM, KOLLAM, KERALA-691 534,.
BY ADV VINODE V. LUKA
RESPONDENTS:
1 THE STATE OF KERALA
REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT
SECRETARIAT, THIRUVANANTHPAURAM-695 001.
2 THE SECRETARY TO GOVERNMENT
DEPARTMENT OF TORISM, GOVERNEMNT OF KERALA,
SOUTH BLOCK, SECRETARIAT, THIRUVANANRTHAPURAM-
695 001.
3 THE DIRECTOR ECOTOURISM AND NODAL OFFICER
JATAYUPARATOURISM PROJECT, OFFICE OF THE
DIRECTOR OF ECOTOURISM, TC NO.26/849(1),
UNIVERSITY WOMEN'S HOSTEL JUNCTION,
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WP(C) NO. 9427 OF 2020
VAZHUTHACAUD, THIRUVANANTHAPURAM-695 014.
4 M/S.GURUCHANDRIKAL BUILDERS AND PROPERTY
PRIVATE LIMITED
REG.OFFICE AT JATAYU EARTH'S CENTRE, JATAYU
JUNCTION, CHADAYAMANGALAM, KOLLAM, KERALA-691
534 (CIN U70101KL210PTC026835), REPRESENTED BY
ITS CHAIRMAN/MANAGING DIRECTOR.
5 RAJEEV VIDYADHARAN @ RAJEEV ANCHAL
AGED 63 YEARS, S/O.VIDYADHARAN, CHAIRMAN AND
MANAGING DIRECTOR, M/S.JATAYU PARA TOURISM
PRIVATE LIMITED, REGD.OFFICE AT JATAYU EARTH'S
CENTER , JATAYU JUNCTION, CHADAYAMANGALAM,
KOLLAM, KERALA-691 534.
BY ADVS.
GOVERNMENT PLEADER
SRI.V.AJAKUMAR
SRI.SIDHARTH A.MENON
OTHER PRESENT:
SRI.ARUN CHANDY, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 30.10.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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WP(C) NO. 9427 OF 2020
JUDGMENT
Dated this the 30th day of October, 2024
The writ petition is preferred challenging Ext.P6
order, whereby, the 3rd respondent directed the 4th respondent
to vacate the registered office of M/s.Jatayupara Tourism
Private Limited and another.
2. It is apposite to extract 'ground P' of this Writ
Petition which reads :
"P. The apprehension of the Petitioners is foreseeable
and not too remote. Their hands and legs are tied now.
They cannot make any legitimate remedial measures to
prove their legal entitlement to operate, run, administer
and manage the Jatayupara Tourism Project. Hence the
Petitioners approached this Hon'ble Court, so that no
action affecting the Agreement dated 23.09.2015,
between Petitioner No.1 and the Respondent No.4 is
made by the Respondents, till such time, when the life is
back to normal OR till a finality in the ARB.Appeal
No.61/2020, pending on the files of the Hon'ble District
Court, Kollam, and that during this period, let the parties
continue to perform such of their respective obligations
under the Exhibit P2 Agreement, ensuring continued
availability of the project to the users."
3. The prayers sought for in this writ petition are as
follows:
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WP(C) NO. 9427 OF 2020
"i. Declare that Exhibit P6 Communication is illegal,
irrational and without authority in view of the pendency
of CMA(Arb.) vide ARB APL No.61/2020, pending on the
files of the Hon'ble District Court, Kollam and the 'lock
down' declared in the Country and is liable to be set
aside.
ii. Declare that the act of Respondent No.3, is in gross
denial of even the minimum principles of Natural Justice
and violative of Article 19(1)(g) of the Constitution of
India, in the given circumstances of 'lock down' declared
in the country.
iii. Call for the records leading to Exhibit P6
Communication issued by the Respondent No.3 and
quash the same by way of issuance of a writ of certiorari.
iv. Issue a writ in the nature of Mandamus or any other
appropriate writ, direction or order commanding the
respondent State not to initiate any actions, affecting the
legal rights of the petitioners, till such time, when the life
is back to normal OR till a finality is made in ARB APL
No.61/2020, pending on the files of the Hon'ble District
Court, Kollam.
v. Declare that the Exhibit P3, Unilateral Termination
Notice is illegal, as it is ultravires the Exhibit P1
Concession Agreement and violates the terms and
conditions set down in Exhibit P2 O & M Agreement and
set aside the same.
vi. Pass any other order or directions as this Hon'ble
Court may deem fit and proper in the interest of justice,
equity and good conscience."
4. The petitioner preferred this writ petition on the
apprehension that Ext.P6 communication would have indirect
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consequences for the petitioners, affecting their rights under
the Arbitration agreement or their ability to access the
registered office. The decision of the 3 rd respondent also
violates the principles of natural justice and it affects the right
of the petitioners under Article 19(1)(g) of the Constitution of
India.
5. Heard the learned counsel on both sides in detail.
6. The main prayer sought for in this writ petition is
to declare Ext.P6 communication as illegal in view of the
pendency of CMA (Arb.) vide ARB APL No.61/2020 pending
before the Court below. The learned counsel for the
petitioners himself admitted that as per Ext.P19 a decision is
rendered by the learned Arbitrator appointed by this Court.
Moreover Ext.P6 is a communication given by the 3 rd
respondent to the 4th respondent, in which the petitioner has
no role to seek a prayer to declare the said communication is
illegal, as it is an inter-party communication between
respondents 3 and 4. The said prayer is no more available.
7. Likewise, the 2nd prayer is to declare the act of
the 3rd respondent as violative of principles of natural
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WP(C) NO. 9427 OF 2020
justice and violative of Article 19(1)(g) of the Constitution. As
of now, the circumstance which is mentioned in the prayer,
i.e., Lock-down, is no more available. Moreover, there is no
privity of contract between respondent No.3 and the
petitioners. There is no violation of fundamental right
guaranteed under Article 19(1)(g) of the Constitution of India.
8. As far as the 3 rd prayer is concerned, Ext.P6 is an
inter party communication between respondents 3 and 4. The
petitioner cannot seek any relief against Ext.P6, since only
through a consequential order or any notice issued by the 4 th
respondent, the same will get an effect and for that purpose,
the petitioner can approach the appropriate forum.
9. Similarly, going by the 4th prayer sought for in the
writ petition, the same is no more available in the
circumstance that, now the lock-down situation had ceased to
exist. Further the petitioner seeks a declaration again that
Ext.P3 termination notice is illegal as the same ultravires
Ext.P1 and violates the terms and conditions in Ext.P2. Ext.P3
is a termination notice which already considered in Ext.P19
award. Therefore, the remedy sought for in the 4 th prayer
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WP(C) NO. 9427 OF 2020
cannot be entertained before this Court under Article 226 of
the Constitution of India.
10. It is to be noted, there is specific pleading in the
writ petition, especially in Ground P that the petitioner cannot
make any legitimate remedial measures to prove their legal
entitlement and hence, they approached before this Court.
Such contention was raised on the premise of lock down
declared during the outbreak of 'Covid 19' pandemic. This
Court finds that the contention of the petitioners is without
any merit and the same should be addressed before the
appropriate forum at the appropriate time.
Under the aforementioned circumstances, the writ
petition fails and is accordingly, dismissed.
Sd/-
P.M.MANOJ
JUDGE
das
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WP(C) NO. 9427 OF 2020
APPENDIX OF WP(C) 9427/2020
PETITIONER EXHIBITS
Exhibit P18 TRUE PHOTOCOPY OF THE ORDER DATED
11.04.2022 PASSED BY THE ARBITRAL
TRIBUNAL IN I.A. NO. 1 OF 2021 IN A.R.
Exhibit P19 TRUE PHOTOCOPY OF THE AWARD DATED
19.08.2024, PASSED BY THE ARBITRAL
Exhibit P20 TRUE PHOTOCOPY OF THE ORDER DATED
08.09.2021 PASSED BY THE NCLT IN
IA/226/KOB/2020 IN CP/21/KOB/2020
Exhibit P21 TRUE PHOTOCOPY OF THE REPLY FROM
TOURISM DEPARTMENT DATED 03.09.2021,
VIDE NO. P1-1465/2019
EXHIBIT P5 TRUE PHOTOCOPY OF THE CMA (ARB) VIDE
ARB NO.61/2020, DATED 18/3/2020
PENDING BEFORE THE HONOURABLE DISTRICT
COURT, KOLLAM.
EXHIBIT P6 TRUE PHOTOCOPY OF THE COMMUNICATION
VIDE NO.ET/130/2011 DATED 23/3/2020
ISSUED BY THE RESPNDENT NO.3, RECEIVED
FROM THE RESPONDENT NO.5, BY EMAIL, ON
27/3/2020.
EXHIBIT P7 TRUE PHOTOCOPY OF THE REPLY NOTICE
DATED 28/3/2020, SENT BY EMAIL TO
RESPONDENT NO.3.
RESPONDENT EXHIBITS
EXHIBIT R4 A TRUE COPY OF THE AGREEMENT
EXHIBIT R4 B TRUE COPY OF THE EXTRACT OF THE
MINUTES DATED 1/6/2018 OF JTPL
EXHIBIT R4 C TRUE COPY OF THE LETTER NO.ET/130/2011
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WP(C) NO. 9427 OF 2020
DATED 8/7/2016.
EXHIBIT R4 D TRUE COPY OF THE MINUTES OF THE BOARD
MEETING OF JTPL HELD ON 14-3-2020
EXHIBIT R4(E) VARIOUS SOCIAL MEDIA MESSAGES AND TYPE
WRITTEN VERSIONS OF VOICE MESSAGES
SENT BY THE GANG OF THE 2ND
PETITIONER.
EXHIBIT R4(F) TRUE COPY OF THE COMPLAINT DATED FILED
BY THE 5TH RESPONDENT BEFORE THE
S.H.O. CHADAYAMANGALAM ON 20.7.2020.
EXHIBIT R4(G) TRUE COPY OF THE FIR IN CRIME
NO.1803/2020 OF CHADAYAMANGALAM POLICE
STATION.
PETITIONER EXHIBITS
EXHIBIT P1 TRUE PHOTOCOPY OF THE CONCESSION
AGREEMENT DATED 1/9/2011 BETWEEN
GOVERNEMNT OF KERALA AND THE
RESPONDENT NO.4
RESPONDENT EXHIBITS
EXHIBIT R4(I) TRUE COPY OF THE MEDICAL CERTIFICATES
DATED 29.12.2014.
PETITIONER EXHIBITS
EXHIBIT P12 TRUE PHOTOCOPY OF THE G.O.(RT.)
NO.139/2005/GAD DATED 4/1/2005
EXHIBIT P15 TRUE PHOTOCOPY OF THE G.O.(RT.)
NO.1783/10/TSM DATED 15/3/2010
EXHIBIT P10 ORDER DATED 18/5/2020 IN WPC 9400/2020
BY THE FULL BENCH OF THIS HON'BLE
COURT
EXHIBIT P11 TRUE PHOTOCOPY OF THE VISITOR PASS
DATED 18/5/2020, ISSUED TO THE COUNSEL
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WP(C) NO. 9427 OF 2020
FOR THE PETITIONER AND SIGNED BY THE
PUBLIC RELATIONS OFFICER OF THIS
HON'BLE COURT
EXHIBIT P13 TRUE PHOTOCOPY OF THE G.O.(RT.)
NO.5763/2005/GAD DATED 26/7/2005
EXHIBIT P14 TRUE PHOTOCOPY OF THE G.O.(RT.)
NO.1640/06/GAD DATED 4/3/2006
EXHIBIT P16 TRUE PHOTOCOPY OF THE G.O.(RT.)
NO.52/1/TSM DATED 16/2/2011
EXHIBIT P11 TRUE PHOTOCOPY OF THE INTERIM ORDER
DATED 26/9/2020 BY THE NATIONAL
COMPANY LAW TRIBUNAL, KOCHI BENCH IN
CP/21/KOB/2020
RESPONDENT EXHIBITS
EXHIBIT R4(H) TRUE PHOTOCOPY OF THE FIR IN CRIME
NO.2495/2019 OF THE KOTTARAKKARA
POLICE STATION.
PETITIONER EXHIBITS
EXHIBIT P2 TRUE PHOTOCOPY OF THE O & M AGREEMENT
DATED 23/9/2016 BETWEEN THE RESPONDENT
NO.4 AND THE PETITIONER NO.1
EXHIBIT P3 TRUE PHOTOCOPY OF THE UNILATERAL
TERMINATION NOTICE DATED 12/3/2020,
CAUSED BY THE RESPONDENT NO.4
EXHIBIT P4 TRUE PHOTOCOPY OF THE REPLY NOTICE
DATED 17/3/2020 CAUSED BY THE
PETITIONER NO.1
