High Court Kerala High Court

T.K.Raveendran vs H.Sulaiman on 29 January, 2009

Kerala High Court
T.K.Raveendran vs H.Sulaiman on 29 January, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

CRP.No. 636 of 1997(E)



1. T.K.RAVEENDRAN
                      ...  Petitioner

                        Vs

1. H.SULAIMAN
                       ...       Respondent

                For Petitioner  :SMT.I.SHEELA DEVI

                For Respondent  :SC FOR COCHIN CORPN.

The Hon'ble MR. Justice PIUS C.KURIAKOSE

 Dated :29/01/2009

 O R D E R
                        PIUS.C.KURIAKOSE J.
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                       C.R.P.No.636 OF 1997
                        ------------------------

            Dated this the 29th day of January, 2009

                                ORDER

This civil revision petition is remaining defective for the past

12 years on the reason that notice is not served on the

respondent. But, I find that the respondent had lodged a caveat

in anticipation of the civil revision petition and copy of the CRP

was served on the learned counsel for the caveator. It is seen

that the caveator’s counsel sought for an adjournment in the

matter and thereafter he disappeared from the seen. Under the

above circumstances, according to me, there is justification for

treating that service of notice on the respondent is completed.

2. This court, on admitting the civil revision petition,

stayed the impugned order until further orders. This court also

passed an order of injunction restraining the respondent from

establishing any bunk by the sides of any road in the Cochin

Corporation until further orders. It is seen that the execution

petition was for initiation of action against one

Sri.T.K.Ravindran, then Secretary of the Cochin Corporation for

the alleged violation of the decree for injunction passed against

C.R.P.No.636/1997 2

the Corporation. Sri.T.K.Ravindran, is no longer the Secretary of

the Cochin Corporation and the execution petition can no longer

be maintainable against Sri.T.K.Ravindran. The decree holder

will have either to file a fresh execution petition arraying the

present Secretary of the Corporation or to seek substitution of

the present Secretary of the Corporation in the execution petition

for Mr.Ravindran. The order impugned in this civil revision

petition cannot any longer be implemented against

Sri.T.K.Ravindran since Ravindran’s impleadment in the execution

petition was not in his personal capacity. It is not clear as to

what were the circumstances under which order of injunction was

passed by this court restraining the respondent decree holder

from putting up any bunk on the sides of any road within the

limits of the Cochin Corporation. I am of the view that it will

suffice, if the respondent is restrained from establishing any

bunk shop within the limits of the Cochin Corporation without

obtaining licence in that regard from the Corporation.

The result is that the civil revision petition is disposed of

without examining the merits on the reason that the execution

petition is no longer maintainable against Sri..T.K.Ravindran.

C.R.P.No.636/1997 3

The interim order staying the operation of the impugned order

will continue. The interim order of injunction restraining the

respondent from putting up new bunks by the sides of the roads

in the Cochin Corporation is modified and it is ordered that the

injunction will not relate to establishment of bunks after

obtaining licence or permission from the Cochin Corporation.

PIUS.C.KURIAKOSE,JUDGE

dpk

C.R.P.No.636/1997 4

PIUS.C.KURIAKOSE J.

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C.R.P.No.636 OF 1997

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JUDGMENT

29TH JANUARY 2009