High Court of KeralaWP(C)/29186/2014disposed of

K.H.Abdul Gafoor v. Kozhikode District Lorry Operators Co-Op. Society Ltd

2015-07-13Honourable Mr.Justice V.Chitambaresh4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH MONDAY, THE 13TH DAY OF JULY 2015/22ND ASHADHA, 1937 WP(C).No. 29186 of 2014 (W) ---------------------------- PETITIONER(S)/PETITIONERS:-:

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

1. K.H.ABDUL GAFOOR, AGED 50 YEARS S/O.HYDER, KOTTAPURATH HOUSE, P.O.PATTAMBI PALAKKAD DISTRICT.

2. P.RAZIA, AGED 46 YEARS W/O.V.FAIZAL, 'JASMIN HOUSE', P.O.FAROOK PETTA FAROOK AMSOM AND DESOM, KOZHIKODE TALUK KOZHIKODE DISTRICT.

3. WE FOUR TRADING, REPRESENTED BY ITS PARTNER K.H.ABDUL GAFOOR AARAYIDATHU PALAM, MAVOOR ROAD, CALICUT.

BY ADV. SRI.C.P.MOHAMMED NIAS RESPONDENT(S)/RESPONDENTS:-:

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

1. KOZHIKODE DISTRICT LORRY OPERATORS CO-OPERATIVE SOCIETY LIMITED, NO.D 2026, REPRESENTED BY ITS SECRETARY NADAKKAVU CROSS ROAD, KOZHIKODE - 673 011.

2. DEPUTY CHIEF ENGINEER, KERALA STATE ELECTRICITY BOARD OFFICE OF THE DEPUTY CHIEF ENGINEER ELECTRICAL CIRCLE, KOZHIKODE, VYDYUTHI BHAVANAM GANDHI ROAD, KOZHIKODE - 673 011.

3. ASSISTANT EXECUTIVE ENGINEER, KERALA STATE ELECTRICITY BOARD, ELECTRICAL SECTION POTTAMMAL, KOZHIKODE - 673 001.

R-R1 BY ADV. SRI.P.V.KUNHIKRISHNAN R BY SRI.SAJEEVKUMAR K.GOPAL,SC,KSEB THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13-07-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 29186 of 2014 (W) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ---------------------------- EXHIBIT P1. TRUE COPY OF THE AGREEMENT DATED 16.08.2008 EXECUTED BETWEEN THE PETITIONERS AND 1ST RESPONDENT.

EXHIBIT P2. TRUE COPY OF THE BUILDING PERMIT DATED 22.04.2009 ISSUED BY KOZHIKODE CORPORATION IN FAVOUR OF THE 1ST RESPONDENT. EXHIBIT P3. TRUE COPY OF THE LICENCE AGREEMENT DATED 29.09.2009 EXECUTED BY THE 1ST RESPONDENT IN FAVOUR OF THE PETITIONERS. EXHIBIT P4. TRUE COPY OF THE LICENCE AGREEMENT DATED 31.08.2010 EXECUTED BY THE 1ST RESPONDENT IN FAVOUR OF THE PETITIONERS. EXHIBIT P5. TRUE COPY OF THE LETTER DATED 23.01.2012 SENT BY THE 1ST RESPONDENT TO THE PETITIONERS.

EXHIBIT P6. TRUE COPY OF THE ORDER OF ASSESSMENT UNDER THE KERALA BUILDING TAX ACT DATED 13.01.2012 SERVED ON THE 1ST RESPONDENT.

EXHIBIT P7. TRUE COPY OF THE LICENCE AGREEMENT DATED 01.06.2013 EXECUTED BY THE 1ST RESPONDENT IN FAVOUR OF THE PETITIONERS. EXHIBIT P8. TRUE COPY OF THE LETTER DATED 29.04.2012 SENT TO THE PETITIONERS BY THE 1ST RESPONDENT.

EXHIBIT P9. TRUE COPY OF THE PARTNERSHIP DEED DATED 01.10.2011 EXECUTED BETWEEN THE PETITIONERS AND NIYAS A.U.

EXHIBIT P10. TRUE COPY OF THE CERTIFICATE DATED 16.11.2011 ISSUED BY THE 1ST RESPONDENT IN FAVOUR OF THE PETITIONERS.

EXHIBIT P11. COPIES OF PHOTOGRAPHS SHOWING THE ESTABLISHMENT OF LAMIYA SILKS AND CHICKKING FOODS.

EXHIBIT P12. TRUE COPY OF THE CERTIFICATE DATED 05.03.2012 ISSUED IN FAVOUR OF THE PETITIONERS BY THE 1ST RESPONDENT. EXHIBIT P13. TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONERS FOR GETTING HT CONNECTION.

EXHIBIT P14. TRUE COPY OF THE ORDER DATED 11.12.2013 ISSUED BY THE 2ND RESPONDENT TO M/S CHICKKING.

WP(C) No.29186/2014 : 2 :

EXHIBIT P15. TRUE COPY OF THE REGISTERED NOTICE DATED 15.05.2014 SENT BY THE 1ST RESPONDENT TO THE PETITIONERS.

EXHIBIT P16. TRUE COPY OF THE REPLY NOTICE DATED 24.06.2014 SENT ON BEHALF OF THE PETITIONERS TO THE 1ST RESPONDENT. EXHIBIT P17. TRUE COPY OF THE ORDER DATED 18.07.2014 ISSUED BY THE 2ND RESPONDENT.

EXHIBIT P18. TRUE COPY OF THE LETTER DATED 27.08.2014 SENT BY THE 1ST RESPONDENT TO THE 3RD RESPONDENT.

RESPONDENT(S)' EXHIBITS : NIL.

------------------------------ //True copy// P.S. to Judge.

V.CHITAMBARESH, J.

--------------------- W.P (C) No.29186 of 2014 --------------------- Dated this the 13th day of July, 2015

J U D G M E N T

The first respondent has filed an additional affidavit dated 10.7.2015 in this writ petition. Para 3 of the said affidavit is as follows:- "3. The deponent Society already gave consent for getting Electricity connection in the name of the 3rd petitioner in the above Writ Petition.

It is understood that the Electricity Board already processed the Electricity connection application in the name of the 3rd petitioner. In light of the same, the Writ Petition is infructuous and the same may be closed recording this affidavit."

The Electricity connection in the name of the third petitioner is being processed in view of the consent given by the first respondent. Steps in that regard shall be expedited and the proceedings taken to a logical end.

The Writ Petition is disposed of.

Sd/- V.CHITAMBARESH, Judge.

nj.