Kerala High Court
K.R.Thampi vs Kerala State Film Development ... on 11 March, 2020
Author: Anu Sivaraman
Bench: Anu Sivaraman
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
WEDNESDAY, THE 11TH DAY OF MARCH 2020 / 21ST PHALGUNA, 1941
WP(C).No.4314 OF 2020(L)
PETITIONER:
K.R.THAMPI,
AGED 51 YEARS
KAVALLUR HOUSE, THRIPTHI, JAWAHAR ROAD,
CHEMBUKKAVU, THRISSUR.
BY ADV. SRI.SUNIL JACOB JOSE
RESPONDENTS:
1 KERALA STATE FILM DEVELOPMENT CORPORATION LTD.,
CHALACHITRA KALABHAVAN, VAZHUTHACAUD,
TRIVANDRUM-695014,
REPRESENTED BY ITS MANAGING DIRECTOR.
2 THE MANAGING DIRECTOR
KERALA STATE FILM DEVELOPMENT CORPORATION LTD,
CHALACHITRA KALABHAVAN, VAZHUTHACAUD,
TRIVANDRUM-695014.
ADV. SRI.A.SUDHI VASUDEVAN (SR.)
ADV. SRI.JOSE JONES JOSEPH
ADV. SMT.SHILPA SATHISH
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
11.03.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.4314 OF 2020
2
JUDGMENT
This writ petition is filed seeking the following prayers:
"(i) Call for the records leading to submission of Ext.P7;
(ii) Issue a writ of certiorari or any other appropriate writ order or direction and quash Ext.P6, in the light of the fact situation projected by the petitioner in Ext.P5;
(iii) Direct the respondents to permit the petitioner to retain his equipments and properties at the premises till a fresh contract is awarded in respect of the Kairali/Sree Theatre, Food Court, Calicut''
2. Heard the learned counsel for the petitioner and the learned Senior Counsel appearing for the respondents.
3. The learned counsel for the petitioner submits that the petitioner was the successful bidder in respect of running of a canteen and food court in the Kairali/Sree Theatre at Kozhikode for a period of three years from 21.08.2015. It is stated that the contract period came to an end in 26.10.2019 and the petitioner was required to handover vacant possession of the food court on the same day. However, the petitioner made requests for time on the ground that he had installed valuable machinery in the premises and that he would be able to sell the same to WP(C).No.4314 OF 2020 3 the subsequent tenderer if some time is granted. It is stated that without considering the request, the petitioner was required to vacate the premises, which prompted him to approach this Court.
4. A counter affidavit has been filed on behalf of the respondents, wherein, it is specifically stated that the premises are lying idle since 26.10.2019 and that the respondents do not intend to conduct any food court in the premises in future and that the premises are required to be converted into a mini theatre and that the request of the petitioner had been duly considered and rejected by Ext.R1(a) proceedings dated 15.02.2020.
5. The learned counsel for the petitioner has placed a reply affidavit on record and raises contentions as to the legality of the decision taken by the respondents.
6. However, on consideration of the issue, I am of the opinion that since it is admitted that the premises belong to the Corporation and that the Corporation has the right to put the premises to any use they find fit, and in view of the fact that the contract awarded to the petitioner had admittedly expired on 26.10.2019, no further directions are liable to be issued in this writ petition. However, in view of the factual situation as pleaded by the petitioner, the petitioner is given 10 days time to remove the articles belonging to the petitioner from the premises. In case the WP(C).No.4314 OF 2020 4 petitioner does not remove the articles within the 10 days, the respondents are permitted to proceed with them in accordance with law.
This writ petition is ordered accordingly.
Sd/-
ANU SIVARAMAN JUDGE np WP(C).No.4314 OF 2020 5 APPENDIX PETITIONER'S/S EXHIBITS:
EXHIBIT P1 PHOTOCOPY OF THE LETTER NO.3187/T1/15/ KSFDC/1851 DATED 30.8.2019.
EXHIBIT P2 PHOTOCOPY OF THE LETTER DATED 20.9.2019 OF THE PETITIONER ADDRESSED TO THE CHAIRMAN, KERALA STATE FILM DEVELOPMENT CORPORATION LTD.
EXHIBIT P3 PHOTOCOPY OF LETTER NO.3187/T1/15/KSFDC DATED 26.10.2019 OF THE CHAIRMAN, KERALA STATE FILM DEVELOPMENT CORPORATION LTD.
EXHIBIT P4 PHOTOCOPY OF LETTER NO.3187/T1/15/KSFDC DATED 12.12.2019 OF THE 2ND RESPONDENT.
EXHIBIT P5 PHOTOCOPY OF LETTER DATED 20.12.2019 OF THE PETITIONER BEFORE THE 2ND RESPONDENT.
EXHIBIT P6 PHOTOCOPY OF LETTER NO.3187/T1/15/KSFDC DATED 1.2.2020 OF THE 2ND RESPONDENT.
EXHIBIT P7 PHOTOCOPY OF THE REPRESENTATION DATED 12.2.2020 OF THE 2ND RESPONDENT.
RESPONDENT'S/S EXHIBITS:
EXHIBIT R1 A A TRUE COPY OF LETTER DATED 15/02/2020 ISSUED BY 1ST RESPONDENT TO THE PETITIONER.
EXHIBIT R1 B A TRUE COPY OF THE TRACK CONSIGNMENT DOWNLOADED ON 29/2/2020 FROM THE WEBSITE WWW.INDIAPOST.GOV.IN EXHIBIT R1 C A TRUE COPY OF THE LETTER BEARING NUMBER 5440/T1.K.S.F.D.C DATED 6/2/2020 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER ALONG WITH STATEMENT OF ACCOUNT SHOWING THE AMOUNT DUE FROM THE PETITIONER TO THE 1ST RESPONDENT