High Court of KeralaWP(C)/26862/2015dismissed

Mohankumar v. Vijayakumar

2015-09-08Honourable Mr.Justice V.Chitambaresh3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH TUESDAY, THE 8TH DAY OF SEPTEMBER 2015/17TH BHADRA, 1937 WP(C).No. 26862 of 2015 (G) ---------------------------- PETITIONER(S):

----------------- T. MOHANKUMAR, AGED 55 YEARS PROPRIETOR, SRI BALAJI LODGE, EAST FORT THIRUVANANTHAPURAM.

BY ADVS.SRI.R.KRISHNA RAJ SRI.BIJITH S.KHAN SMT.E.S.SONI RESPONDENT(S):

------------------

1. T.VIJAYAKUMAR PROPRIETOR, VENKITESWARA HANDLOOM SOCIETY, EAST FORT THIRUVANANTHAPURAM - 695 023.

2. THE CITY CORPORATION OF THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY, CORPORATION BUILDINGS THIRUVANANTHAPURAM - 695 023.

R BY SRI.P.K.MANOJKUMAR,SC,TVPM CORPORATION THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08-09-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 26862 of 2015 (G) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ----------------------------- EXHIBIT-P1-TRUE COPY OF THE ORDER OF THE 2ND RESPONDENT DATED 15.3.2013 EXHIBIT-P2-TRUE COPY OF THE APPEAL FILED BY THE IST RESPONDENT 26.3.2013 EXHIBIT-P3-TRUE COPY OF THE ORDER OF THE TRIBUNAL DATED 24/03/2013. EXHIBIT-P4-TRUE COPY OF THE ORDER OF THE 2ND RESPONDENT DATED 10/12/2014.

EXHIBIT-P5-TRUE COPY OF THE APPEAL FILED BY THE IST RESPONDENT DATED 20/03/2015.

EXHIBIT-P6-TRUE COPY OF THE COUNTER AFFIDAVIT OF THE PETITIONER DATED 16/04/2015 EXHIBIT-P7-TRUE COPY OF THE ORDER OF THE TRIBUNAL DATED 20/07/2015 EXHIBIT-P8-TRUE COPY OF THE ARGUMENT NOTE OF THE IST RESPONDENT DATED 15/03/2013.

RESPONDENT(S)' EXHIBITS : NIL.

------------------------------ //TRUE COPY// P.S. TO JUDGE.

V.CHITAMBARESH, J.

--------------------- W.P (C) No.26862 of 2015 --------------------- Dated this the 8th day of September, 2015

J U D G M E N T

Ext.P7 order of the Tribunal is one of remand enabling the Corporation of Thiruvananthauram to pass a detailed order. A detailed order is warranted in view of many factual and legal issues. This Court will not be justified in interfering with the order of remand especially when there are disputed questions of fact. The Corporation undertakes to take the proceedings to a logical end pursuant to the order of remand. It is further undertaken that final orders will be passed within a period of one month from the date of receipt of a copy of this judgment.

I do not find any ground to interfere with Ext.P7 order of the Tribunal therefore. The Writ Petition is dismissed.

Sd/- V.CHITAMBARESH, Judge.

nj.