High Court Kerala High Court

M/S Genfocus Infotech(I)Ltd vs Accommodation Controller on 19 August, 2008

Kerala High Court
M/S Genfocus Infotech(I)Ltd vs Accommodation Controller on 19 August, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 22198 of 2008(P)


1. M/S GENFOCUS INFOTECH(I)LTD.,
                      ...  Petitioner

                        Vs



1. ACCOMMODATION CONTROLLER,
                       ...       Respondent

2. INFOPARK KERALA,

                For Petitioner  :SRI.GEORGE VARGHESE(PERUMPALLIKUTTIYIL)

                For Respondent  :SRI.P.A.AHAMED, SC, INFOPARKS

The Hon'ble MR. Justice P.R.RAMAN
The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR

 Dated :19/08/2008

 O R D E R
                           P.R.RAMAN &
                  T.R.RAMACHANDRAN NAIR,JJ.
              -------------------------------
                   W.P.(C)NO.22198 OF 2008
              --------------------------------
          Dated this the 19th day of August,2008

                             JUDGMENT

Raman,J.

Serious dispute of facts arises for consideration in this writ

petition. Hence, we are not inclined to grant the main relief as

sought for in this writ petition. However, there is an incidental

prayer for a direction to the Accommodation Controller to dispose

of Ext.P6 application pending before him. Admittedly, the

petitioner was an allottee of space into Infopark. The 2nd

respondent contended that the petitioner has not even applied for

power supply connection and actually Infopark is supplying

electricity as an interim measure. But the petitioner was a chronic

defaulter in payment of electricity charges and there is huge arrears

amounting to Rs.17 lakhs as of now. There are various other

disputes also. However, since the application (Ext.P6) is pending

before the Accommodation Controller, the 2nd respondent is

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WP(C).No.22198/2008

entitled to raise their contentions before him. If only the

Accommodation Controller finds that power supply was

disconnected unjustifiably, there arises any relief to be granted in

favour of the petitioner, However, this is a matter for consideration

by that authority. Hence, we direct the Accommodation Controller

to dispose of the application (Ext.P6) expeditiously.

Writ Petition is disposed of as above.

P.R.RAMAN,
Judge.

T.R.RAMACHANDRAN NAIR,
Judge.

kcv.