High Court Kerala High Court

V. Rajeev vs The Secretary To Government on 4 January, 2010

Kerala High Court
V. Rajeev vs The Secretary To Government on 4 January, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WA.No. 2819 of 2009()


1. V. RAJEEV, PROPRIETOR,
                      ...  Petitioner

                        Vs



1. THE SECRETARY TO GOVERNMENT,
                       ...       Respondent

2. THE SECRETARY TO GOVERNMENT,

3. THE KERALA STATE SMALL INDUSTRIES

4. THE MANAGING DIRECTOR,

                For Petitioner  :SRI.N.N.SUGUNAPALAN (SR.)

                For Respondent  :SRI.E.K.NANDAKUMAR

The Hon'ble MR. Justice P.R.RAMAN
The Hon'ble MR. Justice P.S.GOPINATHAN

 Dated :04/01/2010

 O R D E R
                P.R. RAMAN & P.S. GOPINATHAN, JJ.
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                        W.A. NO. 2819 OF 2009
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         DATED THIS, THE 4TH DAY OF JANUARY, 2010.

                             J U D G M E N T

Raman, J.

Pursuant to Ext.P5, petitioner preferred Ext.P7 before the

Government, which is still pending. In the meantime, notice was issued

for eviction as per Ext.P8. Hence the petitioner approached this Court

by filing W.P.(C) 32270/2009, inter alia contending that in one way or

other, the representation Ext.P7 ought to have been disposed of before

taking action as is done by Ext.P8. Learned single Judge, however,

found that there was no direction in Ext.P5 judgment to dispose of the

representation, if any, filed and hence declined to grant any relief.

2. We have heard the parties. When this Court made an

observation that if the petitioner wants to purchase the property, he can

approach the Government and he having approached the Government by

filing Ext.P7, it is only proper that Ext.P7 be disposed of in accordance

with law before proceeding with Ext.P8. Ext.P8 shall be kept in

abeyance till such time Ext.P7 is disposed of, which will be done at any

WA 2819/2009
2

rate, within a period of six weeks after hearing all the parties. However, we

are not expressing any opinion on the merits of the representation Ext.P7.

The writ appeal is disposed of .

P.R. RAMAN, JUDGE.

P.S. GOPINATHAN, JUDGE.

KNC/-