Chaithanya National Society v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH WEDNESDAY, THE 30TH DAY OF SEPTEMBER 2015/8TH ASWINA, 1937 ---------------------------------------- PETITIONER:

-------------------------- CHAITHANYA NATIONAL SOCIETY FOR DISABLED (REG. NO 1 251/2011), REPRESENTED BY THE GENERAL SECRETARY P.S. SAJI, S/O. SASIDHARAN, PARAPPUTHENVEETIL HOUSE ADIMALY KARA, MANNAMKANDOM P.O. AND VILLAGE DEVIKULAM TALUK, IDUKKI DISTRICT.

BY ADV. SRI.PADAYATTEE YELDO RESPONDENTS:

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

1. STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY TO LOCAL SELF GOVERNMENT GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695 001

2. THE DIRECTOR OF PANCHAYATH DIRECTORATE OF PANCHAYATH, THIRUVANANTHAPURAM - 695 001

3. ADIMALY GRAMA PANCHAYATH REPRESENTED BY THE SECRETARY, MANNAMKANDOM VILLAGE ADIMALY P.O., DEVIKULAM - 685 561.

R1 BY GOVERNMENT PLEADER SMT. SANJEETHA K.A.

R3 BY ADV. SRI.LATHEESH SEBASTIAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30-09-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT-P1- TRUE COPY OF THE REGISTRATION DATED 30/11/2011. EXHIBIT-P2- TRUE COPY OF THE JUDGMENT IN W.P(C) 9875/2009 DATED 27/03/2009 EXHIBIT-P3- TRUE COPY OF THE ORDER ISSUED BY THE IST RESPONDENT DATED 14/08/2009.

EXHIBIT-P4- TRUE COPY OF THE AGREEMENT ENTERED WITH DISTRICT PANCHAYATH DATED 22/09/2009.

EXHIBIT-P5- TRUE COPY OF THE JUDGMENT IN W.P(C) 3429/2010 AND 6986 DATED 08/06/2010.

EXHIBIT-P6- TRUE COPY OF THE ORDER OF THE IST RESPONDENT DATED 25/09/2010.

EXHIBIT-P7- TRUE COPY OF THE REPRESENTATION FILED BEFORE THE CHIEF MINISTER DATED 25/03/2012.

EXHIBIT-P8- TRUE COPY OF THE LETTER OF P.T. THOMAS DATED 25/03/2012. EXHIBIT-P9- TRUE COPY OF THE LETTER OF K. MURALEEDHARAN ALONG WITH RECOMMENDATION OF CM DATED 29/03/2012.

EXHIBIT-P10- TRUE COPY OF THE ACKNOWLEDGMENT ISSUED FROM THE OFFICE OF THE CM DATED 02/08/2012.

EXHIBIT-P11- TRUE COPY OF THE REMINDER ISSUED BY THE DDP, THODUPUZHA DATED 04/05/2012.

EXHIBIT-P12- TRUE COPY OF THE LETTER ISSUED BY THE PETITIONER TO THE 3RD RESPONDENT DATED 28/03/2014.

EXHIBIT-P13-TRUE COPY OF THE INAUGURATION NOTICE PROPOSED TO BE HELD BY CHIEF MINISTER.

EXHIBIT-P14-TRUE COPY OF THE PHOTOGRAPH SHOWING THE NEW SHOPPING COMPLEX OF THE RESPONDENT EXHIBIT-P15- TRUE COPY OF THE PUBLIC AUCTION NOTICE DATED 07/07/2014. EXHIBIT-P16- TRUE COPY OF THE RE-AUCTION NOTICE DATED 25/07/2014. EXHIBIT-P17- TRUE COPY OF THE REPRESENTATION FILED BEFORE THE MINISTER FOR LOCAL SELF GOVERNMENT DATED 27/05/2014.

------------------------------------- EXHIBIT-P18- TRUE COPY OF THE LETTER OF M.L.A DATED 27/05/2014. EXHIBIT-P19- TRUE COPY OF THE LETTER OF M.P DATED 22/09/2014. EXHIBIT-P20- TRUE COPY OF THE COVERING A/D CARD DATED 08/10/2014. EXHIBIT-P21- TRUE COPY OF THE PHOTOGRAPH OF ACTIVITIES OF THE SOCIETY.

RESPONDENT(S)' EXHIBITS:- EXT. R3(a):- COPY OF THE AUCTION NOTICE DATED 22.9.2015 /TRUE COPY/ P.A. TO JUDGE

V. CHITAMBARESH, J W.P.(C). NO. 29357 OF 2014 ---------------------------------------- Dated this the 30th day of September, 2015

JUDGMENT

Ext. P6 order dated 25.09.2010 was passed adverse to the interest of the 'Confederation of Societies for Deaf'. The petitioner - Chaithanya National Society for disabled - has filed the writ petition on 06.11.2014 only. Added to this is the fact that the petitioner has participated in the auction and obtained the right to occupy a room in the shopping complex. The above conduct of the petitioner also acts as an estoppel against filing the present writ petition. The writ petition is dismissed.

V. CHITAMBARESH JUDGE