High Court Kerala High Court

P.R. Pascal vs State Of Kerala on 7 August, 2008

Kerala High Court
P.R. Pascal vs State Of Kerala on 7 August, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 16505 of 2007(M)


1. P.R. PASCAL, S/O. RAPHAEL,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA,
                       ...       Respondent

2. THE DISTRICT COLLECTOR, ALAPPUZHA.

3. THE TAHSILDAR,

                For Petitioner  :SMT.K.NANDINI

                For Respondent  : No Appearance

The Hon'ble SHRI K. Justice J.THOMAS STANLEY(RETD.ADDL.DIST.JUDGE)

 Dated :07/08/2008

 O R D E R
              SRI.S.VENKITA SUBRAMANIA IYER
        (SENIOR ADVOCATE,HIGH COURT OF KERALA)
                               AND
                     K.J.THOMAS STANLEY
                    (RETD. DISTRICT JUDGE)
       ================================
                    W.P.(C) No.16505 of 2007
       ================================
              Dated this the 7th day of August, 2008


                             AWARD


      The subject matter of the dispute is relating to eviction of

Government land wherein STD booth was being run by the

petitioner. The booth is removed and eviction has taken place.

Nevertheless, on the request by the petitioner the matter was

considered by the Government Authorities.         Ultimately, the

Government have decided to allot alternate place near beach in

Alappuzha. Petitioner is also satisfied with the allotment of that

alternate place. The Tahsildar who is present and the

Government Pleader state that alternate accommodation can be

given to the petitioner after complying with the formalities

within three months. It is also stated that steps for allotment of

the alternate place will be taken expeditiously, so that the

alternate place is made available to the petitioner within three

months. The booth is presently in the custody of the Tahsildar.

It is agreed that the structure may be removed by the petitioner

W.P(C).No.16505/2007
                              2

without causing any damage to the property.

     The award is passed accordingly.




                        S.VENKITA SUBRAMANIA IYER
                  (SENIOR ADVOCATE,HIGH COURT OF KERALA)



                            K.J.THOMAS STANLEY
                           (RETD. DISTRICT JUDGE)

dvs


? IN THE HIGH COURT OF KERALA AT ERNAKULAM

+MFA.No. 475 of 2001(B)



#1. P.S. RAJAN
                      ...  Petitioner

                        Vs

$1. K. SUKUMARAN
                       ...       Respondent

!                For Petitioner  :SRI.P.GOPAL

^                For Respondent  :SRI.M.NARENDRA KUMAR

*Coram
 The Hon'ble MR. Justice J.B.KOSHY
 The Hon'ble MR. Justice P.N.RAVINDRAN

% Dated :20/06/2008

: O R D E R

J.B. KOSHY & P.N. RAVINDRAN, JJ.

—————————————————-

M.F.A.NO.475,476 & 495 OF 2001

—————————————————-
Dated this the 20th day of June, 2008.

JUDGMENT

Koshy, J:

The appellants and respondents were partners of a firm called

Priya Coconut Fibers. They entered into a partnership business on

20.6.1976 for the purpose of manufacturing products with coconut

fibers. The partnership was dissolved. There was no agreement

for settling the account. One of the partners of the firm

approached the Sub Court, Thodupuzha, for appointing an arbitrator.

The Sub Court in O.S.(Arb)No. 91 of 1985 held that the matter has

to be referred for arbitration for settlement of the accounts of the

firm. The matter was referred to a single arbitrator as agreed by the

parties. Accordingly, arbitrator was appointed. The parties co-

operated with the arbitrator. The arbitrator finally passed an award

on 12.3.1987. An objection was filed to set aside the award. The

civil court set aside the award mainly on the ground that it is not a

reasoned award. According to the court below, the arbitrator

passed the award relying on Ext.C8 balance sheet without verifying

the ledgers and documents. The matter was referred when

MFA.NO.475/01 & Con.Cases .

2

Arbitration Act, 1940 was in force. There was no obligation on the

arbitrator to pass a speaking award. In the judgment of the court

referring the matter to the arbitrator also, there was no direction

to pass a speaking award. There was no obligation caste upon the

arbitrator to pass a speaking award. In any event, Ext.C8 is a

balance sheet signed by all the partners and it is an audited balance

sheet and therefore, the arbitrator cannot be faulted for relying

on that document. It is a non speaking award. There is no evidence

to show that the arbitrator was partial to one party or the other.

The award was passed in terms of the reference. There is no

evidence to show that the arbitrator committed misconducts. No

ground as mentioned in the Act to set aside the award was made

out. Hence the court below ought to have passed judgment

and decree making the award as the role of the court. Therefore,

the award passed by the arbitrator ought to have been accepted.

We dismiss I.A.Nos.537 of 1987 and 521 of 1987 in O.S.(ARB)No.91

of 1985 and allow I.A.No.487 of 1987 and award is made as the

role of the court.

All the appeals are allowed.

J.B. KOSHY, JUDGE.

P.N. RAVINDRAN, JUDGE.

  cl

MFA.NO.475/01 & Con.Cases                              .
                             3




                               J.B. KOSHY &
                               P.N. RAVINDRAN, JJ.




                               M.F.A.NO.475,476
                               & 495 OF 2001




                               JUDGMENT




                               20th day of June, 2008.

MFA.NO.475/01 & Con.Cases         .
                             4