Kerala High Court
The District Collector vs Chaliyam Beypore Matsyathozhilali ... on 8 December, 2011
Author: A.M.Shaffique
Bench: A.M.Shaffique
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE THE CHIEF JUSTICE MR.ASHOK BHUSHAN
&
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
WEDNESDAY, THE 30TH DAY OF MARCH 2016/10TH CHAITHRA, 1938
WA.No. 1815 of 2012 IN WP(C).9088/2005
-------------------------------------------
AGAINST THE JUDGMENT IN WP(C).9088/2005 DATED 08-12-2011
.....................
APPELLANTS/RESPONDENTS 1, 3 & 4:
-------------------------------------------
1. THE DISTRICT COLLECTOR
KOZHIKODE DISTRICT, CIVIL STATION, CALICUT-20.
2. THE DEPUTY DIRECTOR OF FISHERIES,
OFFICE OF THE DEPUTY DIRECTOR, FISHRIES DEPARTMENT
P.O.WEST HILL, CALICUT-5, PUTHIYANGADI DESOM.
3. THE SECRETARY,
OFFICE OF THE KERALA LOK AYUKTHA
THIRUVANANTHAPURAM.
BY SR. GOVERNMENT PLEADER, SRI.C.R. SYAM KUMAR.
RESPONDENTS/PETITIONER & RESPONDENTS 2 & 5 :
------------------------------------------------------------
1. CHALIYAM BEYPORE MATSYATHOZHILALI VIKASANA KSHEMA
SAHAKARANA SANGAM
LTD., REG.NO.F(K)12, REGISTERED OFFICE
K.P.1/204, FISHERIES COLONY, P.O.CHALIYAM
KADALUNDY AMSOM, PAZHANCHANNUR DESOM, BY ITS SECRETARY
PIN-673 301.
2. KERALA STATE CO-OPERATIVE FEDERATION FOR
FISHERIES DEVELOPMENT
LTD. (MATSYAFED NO.F(T)738
A GOVERNMENT OF KERALA UNDERTAKING
MATHSYA BHAVAN P.B.NO.821
KARUVANKONAM, THIRUVANANTHAPURAM-3
BY MANAGING DIRECTOR, PIN-695 003.
* 3. M.K.MOIDEEN KOYA,
SECRETARY, CHALIYAM DEVELOPMENT ORGANISATION
CHALIYAM P.O., CALICUT DISTRICT - 673 301.
(* R3 IS DELETED FROM THE PARTY ARRAY VIDE ORDER
DATED 08.03.2016 IN I.A. No.280/2015 IN WA No.1815/2012)
R1 BY ADV. SRI.T.SETHUMADHAVAN
R1 BY ADV. SRI.PUSHPARAJAN KODOTH
R1 BY ADV. SRI.K.JAYESH MOHANKUMAR
R2 BY SRI.P.K.VIJAYAMOHANAN
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON
30-03-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WA.No. 1815 of 2012 IN WP(C).9088/2005
--------------------------------------------------
APPENDIX
APPELLANTS' EXHIBITS :
ANNEXURE I : TRUE COPY OF THE JUDGMENT AND DECREE DATED 31.07.2007 IN
O.S. No. 129/2005 BY THE MUNSIFF'S COURT, KOZHIKODE.
RESPONDENTS' EXHIBITS :
NIL
/TRUE COPY/
PA TO JUDGE
ASHOK BHUSHAN, C.J. & A.M. SHAFFIQUE, J.
- - - - - - - - - - - - - - - - - - - - - - - - - - - -
W.A. No. 1815 OF 2012
- - - - - - - - - - - - - - - - - - - - - - - - - - - -
Dated this the 30th day of March, 2016
JUDGMENT
Ashok Bhushan, C.J.
Heard both the sides. This writ appeal has been filed against the judgment dated 08.12.2011 in W.P.(C) No.9088 of 2005.
2. The 1st respondent herein had filed the writ petition before this Court praying for the following reliefs :
"(i) to call for the records leading to Exhibit P2 and P3 and the subsequent orders passed by the 4th respondent and to quash the same by issuing a writ of certiorari or any other appropriate writ, order or direction.
(ii) issue a writ of mandamus or any other appropriate writ, order or direction, directing respondents 1 to 3 and their officers not to evict the petitioner society from the building No.F(K) 12 (New No.K.P. 1/204) occupied by the petitioner society without resorting to lawful methods provided under Public Premises (Eviction of Unauthorised Occupants) Act, 1968
(iii) to declare that the 4th respondent has no jurisdiction to investigate on Ext.P2 complaint by invoking the provisions under Act 8 of199."
3. The petitioner's case in the writ petition was that the petitioner is using the building from the year 1989 onwards WA No. 1815 of 2012 -:2:- with the permission of Fisheries Department. In the writ petition an interim order was passed on 01.04.2005 ordering that the petitioner shall be allowed to continue in the same building until further orders. Subsequently the writ petition came up for final disposal and learned Single Judge by judgment dated 08.12.2011 disposed of the writ petition making the interim order absolute.
4. The appeal has been filed by the District Collector and other State authorities challenging the judgment of learned Single Judge.
5. Learned Government Pleader appearing for the appellants submits that prior to the filing of the writ petition, the petitioner through its Secretary has filed O.S. No.129 of 2005, wherein an interim injunction was also granted that the plaintiff shall not be evicted from the building in question. Learned Government Pleader submits that the said suit was subsequently dismissed on 31.07.2007. The operative portion of the judgment reads as follows :
"In the result, the suit is dismissed. It is made clear that the eviction of the plaintiff from the plaint schedule building WA No. 1815 of 2012 -:3:- should be subject to the orders of the Hon'ble High Court. No costs."
6. Learned Government Pleader submits that in view of the fact that the suit having been dismissed, the writ petition filed by the petitioner ought to have been dismissed and interim order granted in the writ petition could not have been made absolute allowing the petitioner to continue in the building without adjudication of the rights.
7. Learned counsel for the respondent submits that he has no further instructions in the matter.
8. We have considered the submission of learned counsel for the appellants and perused the records. Copy of the judgment in OS No.129 of 2005 has been filed as Annexure A1. We have already extracted above the operative portion of the judgment. Even before filing the writ petition the petitioner has filed the suit substantially for the same relief. The writ petition ought not have been entertained on the very same reason. The suit having been dismissed, there is no occasion to grant any relief to the petitioner in the writ petition. WA No. 1815 of 2012 -:4:-
Having regard to the facts and circumstances we are of the view that, the Civil Court, which is the competent authority to examine the facts and records, having already dismissed the suit, the writ petition deserves to be dismissed. Hence we allow the Writ Appeal and dismiss the writ petition.
Sd/-
Ashok Bhushan, Chief Justice.
Sd/-
A.M. Shaffique, Judge.
ttb/30/03