Anitha K. Nair v. Kerala Small Industries Development Corporation Ltd.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.T.SANKARAN WEDNESDAY, THE 28TH DAY OF JANUARY 2015/8TH MAGHA, 1936 WP(C).No. 21135 of 2014 (N) ---------------------------- PETITIONER :
---------------------- ANITHA K. NAIR, AGED 37 YEARS W/O. SURESH K.PILLAI, RESIDING AT VAISHNAVI THONALLOOR, PANDALAM, PATHANAMTHITTA DISTRICT PIN 689 501.
BY ADV. SRI.K.SHAJ RESPONDENTS :
--------------------------
1. KERALA SMALL INDUSTRIES DEVELOPMENT CORPORATION LTD. REPRESENTED BY ITS MANAGING DIRECTOR HOUSING BOARD BUILDING, 6TH FLOOR, SANTHI NAGAR THIRUVANANTHAPURAM-695001.
2. ESTATE MANAGER MINI INDUSTRIAL ESTATE KERALA SMALL INDUSTRIES DEVELOPMENT CORPORATION LTD. KOLLAKADAVU-690 015.
R1 & 2 BY ADV. SRI.R.T.PRADEEP THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: VS
WP(C).No. 21135 of 2014 (N) -------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXT.P1 :
THE TRUE COPY OF QUOTATION CUM AUCTION NOTICE DTD 7/8/2014 WITH REF NO ENJ/EVC/12008/PDLM/13 DTD 8/7/2014 ISSUED BY THE 2ND RESPONDENT RESPONDENT(S)' EXHIBITS ---------------------------------------- ANNEXURE I :
TRUE COPY OF PROCEEDINGS DATED 7.2.2009 BY WHICH THE SHEDS WERE ALLOTED TO PETITIONER ON LEASE BASIS.
ANNEXURE II :
TRUE COPY OF LEASE DEED DATED 11.3.2009 WITH PETITIONER.
ANNEXURE III :
TRUE COPY OF NOTICE DATED 22.7.2013 FROM ESTATE MANAGER TO PETITIONER.
ANNEXURE IV :
TRUE COPY OF COMMUNICATION DATED 23.8.2013 BY ESTATE MANAGER TO THE HEAD OF DIVISION.
ANNEXURE V :
TRUE COPY OF TERMINATION ORDER DATED 7.10.2013 BY WHICH THE TENANCY WAS TERMINATED.
ANNEXURE VI :
TRUE COPY OF SHOW CAUSE NOTICE DATED 11.11.2013 BY ESTATE OFFICER TO PETITIONER.
ANNEXURE VII :
TRUE COPY OF EVICTION NOTICE DATED 7.1.2014 BY ESTATE OFFICER.
ANNEXURE VIII :
TRUE COPY OF MAHZAR DATED 9.5.2014 AS TO THE EVICTION OF PETITIONER AND TAKING POSSESSION OF SHEDS. ANNEXURE IX :
TRUE COPY OF VALUATION REPORT DATED 17.6.2014 WITH RESPECT TO THE EVICTED ARTICLES.
/TRUE COPY/ PA TO JUDGE VS
K.T.SANKARAN, J --------------------------- W.P.(C) No.21135 of 2014 ---------------------------------------- Dated this the 28th day of January, 2015
JUDGMENT
The writ petition is filed to quash Ext.P1 auction notice and also to issue a writ of mandamus directing the second respondent to accept the entire arrears in such monthly instalments as may be decided by the court.
2. The learned Counsel for the petitioner submitted that, all the dues payable to the first respondent have been paid and therefore the reliefs prayed for the writ petition have become infructous. The writ petition is accordingly dismissed as infructous.
Sd/- K.T.SANKARAN JUDGE /TRUE COPY/ PA TO JUDGE vs