IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 7174 OF 2022 (Arising out of SLP (C)No.8459/2011) PERINTHALMANNA MUNICIPALITY & ANR. APPELLANT(S) VERSUS C.UNNIKRISHNAN & ORS. RESPONDENT(S) WITH CIVIL APPEAL NO.7175 OF 2022 (Arising out of SLP (C)No.9498/2011) O R D E R Leave granted. 1. The appellants are before this Court assailing the order dated 24.01.2011 passed by the High Court of Kerala at Ernakulam in W.P. (C) No.19310 of 2009. The appellant in civil appeal arising out of SLP(C)No.8459 of 2011 was the respondent No.2 in the said proceedings. The appellant in civil appeal arising out of SLP (C) No. 9498 of 2011 was the respondent No.4 in the said writ Petition. 2. The said appellants, the Perinthalmanna Municipality is the authority which had floated the project for construction of a building for fish market on BOT basis and Shri Palakkal Mustafa is the successful tenderer who had thereafter constructed the building expending about Rs.10 1
Crores. It is in that light the appellants are aggrieved by the order passed by the High Court whereby the decision of the Municipality to award the contract of construction of the fish market to the appellant Shri Palakkal Mustafa on BOT basis which was assailed therein had been declared as illegal. 3. The writ petition before the High Court was filed in public interest. The grievance putforth by the petitioner before the High Court is that the Rules 8 & 9 of the Kerala Municipality (Execution of Public Works and Purchase of Material) Rules, 1997 (For short`Rules’) was not followed inasmuch the advertisement in the Newspaper as contemplated therein had not been adhered to. In that regard it was contended on behalf of the petitioner before the High Court that the publication was required to be made in the leading national or international dailies. 4. The contention on behalf of the appellants herein is that the Rules as such had been complied inasmuch as the publication as required in the national and international dailies was based only on the scope and size of the project and that too when the project is funded by Municipality. In the instant case since the Municipality was not incurring any expenses and was on BOT basis the publication as made is justified and complies the requirement. 2
5. The learned senior counsel appearing on behalf of the appellants as well as the respondent have referred and taken us through the Rules. The fact that publication for any public work is required to be made is well established so as to encourage competition and transparency in award of work. However, in the instant case, in that regard what is necessary to also be taken note of is that at the first instance W.P.No.27639/2008 was filed by another writ petitioner claiming to be in public interest wherein also the grievance with regard to inappropriate publication of the work in the newspaper was raised. The said writ petition was disposed of vide order dated 20.11.2008 wherein, though a reference was made to the grievance, the suggestion offered by the respondents to issue fresh Notification inviting tenders was accepted and the petition was disposed of. 6. Since the Municipality had earlier published the Notification in four Newspapers, namely, “Madhyamam”, “Dipika” and “Deshabhimani” and one English Newspaper “Business times”, presently the advertisement was published in two Malayalam Dailies, namely, “Malyalam Manorama” and “Mathrubhumi” which have wide circulation in the State of Kerala. It is pursuant to such Notification, the appellant Shri Palakkal Mustafa had responded and in the said process, after consideration by the high level Committee on 28.04.2009 to approve fish market, the work was awarded to 3
him. Though the respondents herein who were the petitioners before the High Court in the present round have raised a grievance that proper publication of the work to be notified had not been made to enable wider participation, no person who had the capacity to put up such a project has made a grievance that there was no sufficient opportunity and therefore they were denied the benefit of taking up the project. 7. In that circumstance when the writ petitioner before the High Court was only a local resident and had raised the contention of procedural compliance and also since we notice that after the first round of the writ proceedings the publications were made subsequently in two more newspapers which have wide circulation and the work has already been undertaken, though the same was made subject to result of this appeal, we do not see reason to scuttle the project in a public interest petition which was raised before the High Court in the present manner. In any event, the fish market is to be operated by complying all legal requirement including environmental clearance. 8. Therefore, in that circumstance, a perusal of the impugned order dated 24.01.2011 if noted, would indicate that the High Court essentially keeping the earlier undertaking made by the Municipality to publish appropriate advertisement, has arrived at the conclusion that the awarding the work was not justified since the Rules had not been complied. However, we have noted the substantial 4
compliance in the present facts. In that circumstance, keeping in view the fact that the work has now been completed and the building is ready for utilization by the Municipality for shifting the fish market and to be operated by the contractor on BOT basis, we find that the order passed by the High court is liable to be set aside. The same is, accordingly set aside. 9. The appeals are, therefore, allowed. ……………………………………………………………………J. [A.S. BOPANNA] …………………….……………………………………………….J. [PAMIDIGHANTAM SRI NARASIMHA] NEW DELHI; OCTOBER 11, 2022 5
ITEM NO.27 COURT NO.15 SECTION XI-A S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition for Special Leave to Appeal(C)No.8459/2011 (Arising out of impugned final judgment and order dated 24-01-2011 in WPC No. 19310/2009 passed by the High Court of Kerala at Ernakulam) PERINTHALMANNA MUNICIPALITY & ANR. Petitioner(s) VERSUS C.UNNIKRISHNAN & ORS. Respondent(s) (IA No. 101706/2017 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES) WITH SLP(C) No. 9498/2011 (XI-A) Date : 11-10-2022 These matters were called on for hearing today. CORAM : HON'BLE MR. JUSTICE A.S. BOPANNA HON'BLE MR. JUSTICE PAMIDIGHANTAM SRI NARASIMHA For Petitioner(s) Mr. K.V. Vishwanathan, Sr. Adv. Mr. Raghenth Basant, Adv. Mr. Senthil Jagadeesan, AOR Ms. Akhila Nambiar, Adv. Mr. Ajay Krishna, Adv. Ms. Roopali Lakhotia, Adv. Mr. A. Raghunath, AOR For Respondent(s) Mr. P.N. Ravindran, Sr. Adv. Mr. K.P. Rajagopal, Adv. Mr. Jaimon Andrews, Adv. Mr. Naresh Kumar, AOR Mr. Harshad V. Hameed, AOR Mr. Dileep Poolakkot, Adv. Mrs. Ashly Harshad, Adv. Mr. Senthil Jagadeesan, AOR UPON hearing the counsel the Court made the following O R D E R The appeals are allowed in terms of signed order. Pending application (s) shall stand disposed of. (RAJNI MUKHI) (DIPTI KHURANA) COURT MASTER (SH) ASSISTANT REGISTRAR (Signed order is placed on the file) 6
ITEM NO.9 COURT NO.15 SECTION XI-A S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition for Special Leave to Appeal (C) No.8459/2011 (Arising out of impugned final judgment and order dated 24-01-2011 in WPC No. 19310/2009 passed by the High Court of Kerala at Ernakulam) PERINTHALMANNA MUNICIPALITY & ANR. Petitioner(s) VERSUS C.UNNIKRISHNAN & ORS. Respondent(s) (IA No. 101706/2017 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES) WITH SLP(C) No. 9498/2011 (XI-A) Date : 28-09-2022 These matters were called on for hearing today. CORAM : HON'BLE MR. JUSTICE A.S. BOPANNA HON'BLE MR. JUSTICE PAMIDIGHANTAM SRI NARASIMHA For parties Mr. A. Raghunath, AOR Mr. K.V. Vishwanathan, Sr. Adv. Mr. Raghenth Basant, Adv. Mr. Senthil Jagadeesan, AOR Ms. Akhila Nambiar, Adv. Mr. Ajay Krishna, Adv. Ms. Roopali Lakhotia, Adv. Mr. P.N. Raveendran,Sr. Adv. Mr. K.P. Rajagopal Mr. Jaimon Amdrews, Adv. Mr. Naresh Kumar, AOR Mr. Harshad V. Hameed, AOR Mr. Dileep Poolakkot, Adv. Mrs. Ashly Harshad, Adv. UPON hearing the counsel the Court made the following O R D E R List after Dussehra Vacation, 2022. (RAJNI MUKHI) (DIPTI KHURANA) COURT MASTER (SH) ASSISTANT REGISTRAR
ITEM NO.31 COURT NO.16 SECTION XI-A S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition for Special Leave to Appeal (C)No.8459/2011 (Arising out of impugned final judgment and order dated 24-01-2011 in WPC No. 19310/2009 passed by the High Court of Kerala at Ernakulam) PERINTHALMANNA MUNICIPALITY & ANR. Petitioner(s) VERSUS C.UNNIKRISHNAN & ORS. Respondent(s) (IA No. 101706/2017 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES) WITH SLP(C) No. 9498/2011 (XI-A) Date : 07-09-2022 These matters were called on for hearing today. CORAM : HON'BLE MR. JUSTICE A.S. BOPANNA HON'BLE MR. JUSTICE PAMIDIGHANTAM SRI NARASIMHA For Petitioner(s) Mr. Senthil Jagadeesan, AOR Mr. A. Raghunath, AOR For Respondent(s) Mr. Naresh Kumar, AOR Mr. Harshad V. Hameed, AOR Mr. Dileep Poolakkot, Adv. Mrs. Ashly Hardhad, adv. Mr. Raghenth Basant, Adv. Mr. Senthil Jagadeesan, AOR Mr. Ajay Krishna, Adv. UPON hearing the counsel the Court made the following O R D E R In view of letter circulated by learned counsel for the petitioners seeking an adjournment on the ground that the arguing counsel is unwell, list the matters on 28.09.2022. (RAJNI MUKHI) (DIPTI KHURANA) COURT MASTER (SH) ASSISTANT REGISTRAR
1 ITEM NO.38 COURT NO.5 SECTION XI-A S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C) No(s). 8459/2011 (Arising out of impugned final judgment and order dated 24-01-2011 in WPC No. 19310/2009 passed by the High Court Of Kerala At Ernakulam) PERINTHALMANNA MUNICIPALITY & ANR. Petitioner(s) VERSUS C.UNNIKRISHNAN & ORS. Respondent(s) (IA No.101706/2017-PERMISSION TO FILE ADDITIONAL DOCUMENTS ) WITH SLP(C) No. 9498/2011 (XI-A) Date : 18-01-2019 These matters were called on for hearing today. CORAM : HON'BLE MR. JUSTICE ROHINTON FALI NARIMAN HON'BLE MR. JUSTICE VINEET SARAN For Petitioner(s) Mr. A. Raghunath, AOR Mr. Senthil Jagadeesan, AOR For Respondent(s) Mr. P.N. Raveendran, Sr.Adv. Mr. K.P. Rajagopal, Adv. Ms. Usha Nandini, Adv. Mr. Naresh Kumar, AOR Mr. Raghenth Basant, Adv. Mr. Mithun Verghis, Adv. Ms. Namita Wali, Adv. Mr. Senthil Jagadeesan, AOR Mr. G. Prakash, AOR Mr. Jishnu M.L., Adv. Mrs. Priyanka Prakash, Adv. Mrs. Beena Prakash, Adv. UPON hearing the counsel the Court made the following O R D E R
2 In view of the letter circulated by learned counsel for the petitioners seeking adjournment for two weeks, the matters are adjourned for two weeks. (MANAV SHARMA) (TAPAN KUMAR CHAKRABORTY) COURT MASTER (SH) ASSISTANT REGISTRAR
ITEM NO.4 COURT NO.4 SECTION XI-A S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C) No(s). 8459/2011 (Arising out of impugned final judgment and order dated 24-01-2011 in WPC No. 19310/2009 passed by the High Court Of Kerala At Ernakulam) PERINTHALMANNA MUNICIPALITY & ANR. Petitioner(s) VERSUS C.UNNIKRISHNAN & ORS. Respondent(s) (IA No.101706/2017-PERMISSION TO FILE ADDITIONAL DOCUMENTS) WITH SLP(C) No. 9498/2011 (XI-A) Date : 06-04-2018 These petitions were called on for hearing today. CORAM : HON'BLE MR. JUSTICE MADAN B. LOKUR HON'BLE MR. JUSTICE DEEPAK GUPTA For Petitioner(s) Mr. A. Raghunath, AOR Mr. T. Srinivasan Murthy, Adv. Mr. Raghenth Basant, Adv. Mr. Mithun Varghis, Adv. Mr. Senthil Jagadeesan, AOR For Respondent(s) MR. K.P. Rajagopalan, Adv. Mr. Jaimon Andrews, Adv. Mr. Naresh Kumar, AOR Mr. Senthil Jagadeesan, AOR Mr. G. Prakash, AOR Mr. Jishnu M.L., Adv Ms. Priyanka Prakash, Adv. Ms. Beena Prakash, Adv. Mr. Vijay Shankar, Adv. UPON hearing the counsel the Court made the following O R D E R In view of letter circulated by learned counsel for the petitioners, list the matters after ten weeks. (MEENAKSHI KOHLI) (SAROJ KUMARI GAUR) COURT MASTER COURT MASTER
ITEM NO.2 COURT NO.4 SECTION XI -A S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C) No(s). 8459/2011 (Arising out of impugned final judgment and order dated 24-01-2011 in WPC No. 19310/2009 passed by the High Court Of Kerala At Ernakulam) PERINTHALMANNA MUNICIPALITY & ANR. Petitioner(s) VERSUS C.UNNIKRISHNAN & ORS. Respondent(s) (IA No.101706/2017-PERMISSION TO FILE ADDITIONAL DOCUMENTS) WITH SLP(C) No. 9498/2011 (XI -A) Date : 10-11-2017 These petitions were called on for hearing today. CORAM : HON'BLE MR. JUSTICE MADAN B. LOKUR HON'BLE MR. JUSTICE DEEPAK GUPTA For Petitioner(s) Mr. A. Raghunath, AOR Mr. Raghenth Basant, Adv. Ms. Aanchal Tikmani, Adv. Mr. Mithun Verghis, Adv. Mr. Senthil Jagadeesan, AOR For Respondent(s) Mr. K.P. Rajagopalan, Adv. Mr. Naresh Kumar, AOR Mr. Jaimon Andrews, Adv. Mr. Senthil Jagadeesan, AOR Mr. G. Prakash, AOR Mr. Jishnu M.L., Adv. Ms. Priyanka Prakash, Adv. Mrs. Beena Prakash, Adv. Mr. Vijay Shankar V.L., Adv. UPON perusing papers the Court made the following O R D E R In view of letter circulated by learned counsel for respondent No.1, list the matters after ten weeks. (MEENAKSHI KOHLI) (KAILASH CHANDER) COURT MASTER COURT MASTER
ITEM NO.3 COURT NO.3 SECTION XI -A S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C) No(s). 8459/2011 (Arising out of impugned final judgment and order dated 24-01-2011 in WPC No. 19310/2009 passed by the High Court Of Kerala At Ernakulam) PERINTHALMANNA MUNICIPALITY & ANR. Petitioner(s) VERSUS C.UNNIKRISHNAN & ORS. Respondent(s) (IA No.101706/2017-PERMISSION TO FILE ADDITIONAL DOCUMENTS) WITH SLP(C) No. 9498/2011 (XI -A) Date : 09-10-2017 These petitions were called on for hearing today. CORAM : HON'BLE MR. JUSTICE MADAN B. LOKUR HON'BLE MR. JUSTICE S. ABDUL NAZEER HON'BLE MR. JUSTICE DEEPAK GUPTA For Petitioner(s) Mr. A. Raghunath, AOR Mr. Raghenth Basant, Adv. Ms. Aanchal Tikmani, Adv. Mr. Mithun Verghese, Adv. Mr. Senthil Jagadeesan, AOR For Respondent(s) Mr. Naresh Kumar, AOR Mr. Senthil Jagadeesan, AOR Mr. G. Prakash, AOR Mr. Jishnu M.L., Adv. Ms. Priyanka Prakash, Adv. Ms. Beena Prakash, Adv. Mr. Vijay Shankar V.L., Adv. Mr. K.P. Rajagopalan, Adv. Mr. Abija P.A., Adv. Mr. A.V. Balan, Adv. UPON perusing papers the Court made the following O R D E R On the request of learned counsel for the petitioners, list the matters after four weeks. (MEENAKSHI KOHLI) (KAILASH CHANDER) COURT MASTER COURT MASTERm
ITEM NO.1 COURT NO.4 SECTION XI -A S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C) No(s). 8459/2011 (Arising out of impugned final judgment and order dated 24-01-2011 in WPC No. 19310/2009 passed by the High Court Of Kerala At Ernakulam) PERINTHALMANNA MUNICIPALITY & ANR. Petitioner(s) VERSUS C.UNNIKRISHNAN & ORS. Respondent(s) WITH SLP(C) No. 9498/2011 (XI -A) Date : 03-10-2017 These petitions were called on for hearing today. CORAM : HON'BLE MR. JUSTICE MADAN B. LOKUR HON'BLE MR. JUSTICE DEEPAK GUPTA For Petitioner(s) Mr. A. Raghunath, AOR Mr. Yoga Maya, Adv. Mr. K.V. Vishwanathan, Sr. Adv. Mr. Raghenth Basant, Adv. Mr. Mithun Verghis, Adv. Mr. Senthil Jagadeesan, AOR For Respondent(s) Mr. G. Prakash, AOR Mr. Jishnu M.L., Adv. Mr. Vijay Shankar, Adv. Mr. Senthil Jagadeesan, AOR Mr. K.P. Rajagopalan, Adv. Mr. Jaimon Andrews, Adv. Mr. A. Venayagam Balan, AOR Mr. Rohit Kumar Singh, AOR UPON perusing papers the Court made the following O R D E R List the matters on 09.10.2017. (MEENAKSHI KOHLI) (KAILASH CHANDER) COURT MASTER COURT MASTER
ITEM NO.2 COURT NO.5 SECTION XI -A S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C) No(s).8459/2011 (Arising out of impugned final judgment and order dated 24-01-2011 in WPC No. 19310/2009 passed by the High Court of Kerala at Ernakulam) PERINTHALMANNA MUNICIPALITY & ANR. Petitioner(s) VERSUS C.UNNIKRISHNAN & ORS. Respondent(s) WITH SLP(C) No. 9498/2011 (XI -A) Date : 14-07-2017 These petitions were called on for hearing today. CORAM : HON'BLE MR. JUSTICE MADAN B. LOKUR HON'BLE MR. JUSTICE DEEPAK GUPTA For Petitioner(s) Mr. A. Raghunath, AOR Mr. Raghenth Basant, adv. Mr. Mithun Verghis, Adv. Mr. Senthil Jagadeesan, AOR For Respondent(s) Mr. G. Prakash, AOR Mr. Jishnu M.L., Adv. Mrs. Priyanka Prakash, Adv. Mrs. Beena Prakash, Adv. Mr. Senthil Jagadeesan, AOR Mr. A. Venayagam Balan, AOR Mr. Rohit Kumar Singh, AOR UPON hearing the counsel the Court made the following O R D E R On the request of learned counsel for the petitioners, list the matters after ten weeks. (SANJAY KUMAR-I) (SHARDA KAPOOR) AR-CUM-PS ASSISTANT REGISTRAR
1ITEM NO.39 COURT NO.4 SECTION XIA S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSPetition(s) for Special Leave to Appeal (C) No(s).8459/2011(Arising out of impugned final judgment and order dated 24/01/2011in WPC No. 19310/2009 passed by the High Court of Kerala atErnakulam)PERINTHALMANNA MUNICIPALITY & ANR Petitioner(s) VERSUSC.UNNIKRISHNAN & ORS. Respondent(s)(WITH APPLN. (S) FOR exemption from filing O.T. and permission tofile additional documents and Interim Relief and Office Report)WITHSLP(C) No. 9498/2011(WITH Interim Relief and Office Report) Date : 27/02/2017 These petitions were called on for hearing today.CORAM : HON'BLE MR. JUSTICE MADAN B. LOKUR HON'BLE MR. JUSTICE DEEPAK GUPTAFor Petitioner(s) Mr. A. Raghunath, AOR Mr. Raghenth Basant, Adv.Ms. Aanchal Tikmani, Adv.Mr. Mishal Johari, Adv.Mr. Senthil Jagadeesan, AOR For Respondent(s) Mr. K.P. Rajagopal, Adv.Mr. Jaimom Andrews, Adv.Mr. A. Venayagam Balan, AOR Mr. Raghenth Basant, Adv.Ms. Aanchal Tikmani, Adv.Mr. Mishal Johari, Adv.Mr. Senthil Jagadeesan, AORMr. G. Prakash, AORMr. Jishnu M.L., Adv.Mrs. Priyanka Prakash, Adv.Mrs. Beena Prakash, Adv.Mr. Manu Srinath, Adv.Mr. Vijaya Mohan V., Adv.2 UPON hearing the counsel the Court made the following O R D E ROn the request of learned counsel for the State ofKerala, list the matters after ten weeks. (SANJAY KUMAR-I) (SHARDA KAPOOR) AR-CUM-PS COURT MASTER
ITEM NO.5 COURT NO.7 SECTION XIA S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C) No(s). 8459/2011 (Arising out of impugned final judgment and order dated 24/01/2011 in WPC No. 19310/2009 passed by the High Court of Kerala at Ernakulam) PERINTHALMANNA MUNICIPALITY & ANR Petitioner(s) VERSUS C.UNNIKRISHNAN & ORS. Respondent(s) (With application for permission to file additional documents, exemption from filing O.T. and interim relief and office report) (For final disposal) WITH SLP(C) No. 9498/2011 (With Interim Relief and Office Report) Date : 09/08/2016 These petitions were called on for hearing today. CORAM : HON'BLE MR. JUSTICE MADAN B. LOKUR HON'BLE MR. JUSTICE R.K. AGRAWAL For Petitioner(s) Mr. A. Raghunath,Adv. Mr. Senthil Jagadeesan,Adv. For Respondent(s) Mr. Raghenth Basant, Adv. Ms. Aanchal Tikmani, Adv. For Mr. Senthil Jagadeesan,Adv. Mr. K.P. Rajagopal, Adv. Mr. Jaimon Andrews, Adv. Mr. A. Venayagam Balan,Adv. UPON hearing the counsel the Court made the following O R D E R In view of letter circulated by learned counsel for the respondents, list the matters after ten weeks. Service be completed in the meanwhile. (Meenakshi Kohli) (Madhu Narula) Court Master Court Master
ITEM NO.5 COURT NO.7 SECTION XIA S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSPetition(s) for Special Leave to Appeal (C) No(s). 8459/2011(Arising out of impugned final judgment and order dated 24/01/2011in WPC No. 19310/2009 passed by the High Court of Kerala atErnakulam)PERINTHALMANNA MUNICIPALITY & ANR Petitioner(s) VERSUSC.UNNIKRISHNAN & ORS. Respondent(s)(With application for permission to file additional documents,exemption from filing O.T. and interim relief and office report)(For final disposal)WITHSLP(C) No. 9498/2011(With Interim Relief and Office Report) Date : 09/08/2016 These petitions were called on for hearing today.CORAM : HON'BLE MR. JUSTICE MADAN B. LOKURHON'BLE MR. JUSTICE R.K. AGRAWALFor Petitioner(s) Mr. A. Raghunath,Adv.Mr. Senthil Jagadeesan,Adv.For Respondent(s) Mr. Raghenth Basant, Adv.Ms. Aanchal Tikmani, Adv.For Mr. Senthil Jagadeesan,Adv.Mr. K.P. Rajagopal, Adv.Mr. Jaimon Andrews, Adv.Mr. A. Venayagam Balan,Adv. UPON hearing the counsel the Court made the following O R D E RIn view of letter circulated by learned counsel for therespondents, list the matters after ten weeks.Service be completed in the meanwhile.(Meenakshi Kohli) (Madhu Narula) Court Master Court Master
ITEM NO.58 COURT NO.8 SECTION XIA S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C) No(s). 8459/2011 (Arising out of impugned final judgment and order dated 24/01/2011 in WPC No. 19310/2009 passed by the High Court of Kerala at Ernakulam) PERINTHALMANNA MUNICIPALITY & ANR Petitioner(s) VERSUS C.UNNIKRISHNAN & ORS. Respondent(s) (With appln. (s) for exemption from filing O.T. and permission to file additional documents and interim relief and office report) (For final disposal) WITH SLP(C) No. 9498/2011 (With Interim Relief and Office Report) Date : 29/06/2016 These petitions were called on for hearing today. CORAM : HON'BLE MR. JUSTICE MADAN B. LOKUR HON'BLE MR. JUSTICE R.K. AGRAWAL For Parties Mr. A. Raghunath,Adv. Mr. Raghenth Basant, Adv. Ms. Aanchal Tikmani, Adv. Mr. Senthil Jagadeesan,Adv. Mr. K.P. Rajagopala, Adv. Mrs. V.S. Lakshmi, Adv. Mr. A. Venayagam Balan,Adv. UPON hearing the counsel the Court made the following O R D E R List the matters on a non-miscellaneous day. (Meenakshi Kohli) (Jaswinder Kaur) Court Master Court Master
ÈITEM NO.58 COURT NO.8 SECTION XIA S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSPetition(s) for Special Leave to Appeal (C) No(s). 8459/2011(Arising out of impugned final judgment and order dated 24/01/2011in WPC No. 19310/2009 passed by the High Court of Kerala atErnakulam)PERINTHALMANNA MUNICIPALITY & ANR Petitioner(s) VERSUSC.UNNIKRISHNAN & ORS. Respondent(s)(With appln. (s) for exemption from filing O.T. and permission tofile additional documents and interim relief and office report)(For final disposal)WITHSLP(C) No. 9498/2011(With Interim Relief and Office Report)Date : 29/06/2016 These petitions were called on for hearing today.CORAM : HON'BLE MR. JUSTICE MADAN B. LOKURHON'BLE MR. JUSTICE R.K. AGRAWALFor Parties Mr. A. Raghunath,Adv.Mr. Raghenth Basant, Adv.Ms. Aanchal Tikmani, Adv.Mr. Senthil Jagadeesan,Adv.Mr. K.P. Rajagopala, Adv.Mrs. V.S. Lakshmi, Adv.Mr. A. Venayagam Balan,Adv. UPON hearing the counsel the Court made the following O R D E RList the matters on a non-miscellaneous day.(Meenakshi Kohli) (Jaswinder Kaur) Court Master Court Master
ITEM NO.40 COURT NO.8 SECTION XIA S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C) No(s).8459/2011 (Arising out of impugned final judgment and order dated 24/01/2011 in WPC No. 19310/2009 passed by the High Court of Kerala at Ernakulam) PERINTHALMANNA MUNICIPALITY & ANR Petitioner(s) VERSUS C.UNNIKRISHNAN & ORS. Respondent(s) (with appln. (s) for exemption from filing O.T. and permission to file additional documents and interim relief and office report) WITH SLP(C) No. 9498/2011 (With Interim Relief and Office Report) Date : 11/03/2016 These petitions were called on for hearing today. CORAM : HON'BLE MR. JUSTICE MADAN B. LOKUR HON'BLE MR. JUSTICE N.V. RAMANA For appearing parties Mr. A. Raghunath, AOR Mr. Nishad L.S., Adv. Mr. Satheesh, Adv. Mr. Raghenth Basant, Adv. Ms. Aanchal Tickmani, Adv. Mr. Senthil Jagadeesan, AOR Mrs. V.S. Lakshmi, Adv. Mr. A. Venayagam Balan, AOR Mr. Ganesh D. Gurnule, Adv. Mr. Pravesh D. Azade, Adv. UPON hearing the counsel the Court made the following O R D E R In view of the letter circulated by Mr. A. Venayagam Balan, learned counsel for the respondent, list the matter after ten weeks. (SANJAY KUMAR-I) (JASWINDER KAUR) AR-CUM-PS COURT MASTER
Ð ITEM NO.40 COURT NO.8 SECTION XIA S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C) No(s).8459/2011 (Arising out of impugned final judgment and order dated 24/01/2011 in WPC No. 19310/2009 passed by the High Court of Kerala at Ernakulam) PERINTHALMANNA MUNICIPALITY & ANR Petitioner(s) VERSUS C.UNNIKRISHNAN & ORS. Respondent(s) (with appln. (s) for exemption from filing O.T. and permission to file additional documents and interim relief and office report) WITH SLP(C) No. 9498/2011 (With Interim Relief and Office Report) Date : 11/03/2016 These petitions were called on for hearing today. CORAM : HON'BLE MR. JUSTICE MADAN B. LOKUR HON'BLE MR. JUSTICE N.V. RAMANA For appearing parties Mr. A. Raghunath, AOR Mr. Nishad L.S., Adv. Mr. Satheesh, Adv. Mr. Raghenth Basant, Adv. Ms. Aanchal Tickmani, Adv. Mr. Senthil Jagadeesan, AOR Mrs. V.S. Lakshmi, Adv. Mr. A. Venayagam Balan, AOR Mr. Ganesh D. Gurnule, Adv. Mr. Pravesh D. Azade, Adv. UPON hearing the counsel the Court made the following O R D E R In view of the letter circulated by Mr. A. Venayagam Balan, learned counsel for the respondent, list theSignature Not VerifiedDigitally signed bySANJAY KUMARDate: 2016.03.11 matter after ten weeks.16:58:53 ISTReason: (SANJAY KUMAR-I) (JASWINDER KAUR) AR-CUM-PS COURT MASTER
ITEM NO.38 COURT NO.8 SECTION XIA S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C) No(s). 8459/2011 (Arising out of impugned final judgment and order dated 24/01/2011 in WPC No. 19310/2009 passed by the High Court of Kerala at Ernakulam) PERINTHALMANNA MUNICIPALITY & ANR Petitioner(s) VERSUS C.UNNIKRISHNAN & ORS. Respondent(s) (With appln. (s) for permission to file additional documents and interim relief and office report) (For final disposal) WITH SLP(C) No. 9498/2011 (With Interim Relief and Office Report) (For final disposal) Date : 05/02/2016 These petitions were called on for hearing today. CORAM : HON'BLE MR. JUSTICE MADAN B. LOKUR HON'BLE MR. JUSTICE R.K. AGRAWAL For Petitioner(s) Mr. Sanjay Hegde, Sr. Adv. Mr. A. Raghunath,Adv. Mr. K.V. Vishwanathan, Sr. Adv. Mr. Raghenth Basant, Adv. Ms. Aanchal Tikmani, Adv. Mr. Senthil Jagadeesan,Adv. For Respondent(s) Mr. Basava Prabhu Patil, Sr. Adv. Mr. K.P. Rajagopal, Adv. Mr. V.S. Lakshmi, Adv. Mr. Ganesh D. Gurmule, Adv. Mr. A. Venayagam Balan,Adv. UPON hearing the counsel the Court made the following O R D E R List the matters after four weeks. (Meenakshi Kohli) (Jaswinder Kaur) Court Master Court Master
âITEM NO.38 COURT NO.8 SECTION XIA S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSPetition(s) for Special Leave to Appeal (C) No(s). 8459/2011(Arising out of impugned final judgment and order dated 24/01/2011in WPC No. 19310/2009 passed by the High Court of Kerala atErnakulam)PERINTHALMANNA MUNICIPALITY & ANR Petitioner(s) VERSUSC.UNNIKRISHNAN & ORS. Respondent(s)(With appln. (s) for permission to file additional documents andinterim relief and office report)(For final disposal)WITHSLP(C) No. 9498/2011(With Interim Relief and Office Report)(For final disposal) Date : 05/02/2016 These petitions were called on for hearing today.CORAM : HON'BLE MR. JUSTICE MADAN B. LOKURHON'BLE MR. JUSTICE R.K. AGRAWALFor Petitioner(s) Mr. Sanjay Hegde, Sr. Adv.Mr. A. Raghunath,Adv.Mr. K.V. Vishwanathan, Sr. Adv.Mr. Raghenth Basant, Adv.Ms. Aanchal Tikmani, Adv.Mr. Senthil Jagadeesan,Adv. For Respondent(s) Mr. Basava Prabhu Patil, Sr. Adv.Mr. K.P. Rajagopal, Adv.Mr. V.S. Lakshmi, Adv.Mr. Ganesh D. Gurmule, Adv.Mr. A. Venayagam Balan,Adv. UPON hearing the counsel the Court made the following O R D E RList the matters after four weeks.(Meenakshi Kohli) (Jaswinder Kaur) Court Master Court Master
ITEM NO.206 COURT NO.8 SECTION XIA S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C) No(s). 8459/2011 (Arising out of impugned final judgment and order dated 24/01/2011 in WPC No. 19310/2009 passed by the High Court of Kerala at Ernakulam) PERINTHALMANNA MUNICIPALITY & ANR Petitioner(s) VERSUS C.UNNIKRISHNAN & ORS. Respondent(s) (With appln. (s) for permission to file additional documents and interim relief and office report) (For final disposal) WITH SLP(C) No. 9498/2011 (With Interim Relief and Office Report) (For final disposal) Date : 08/01/2016 These petitions were called on for hearing today. CORAM : HON'BLE MR. JUSTICE MADAN B. LOKUR HON'BLE MR. JUSTICE R.K. AGRAWAL For Petitioner(s) Mr. Sanjay R. Hegde, Sr. Adv. Mr. A. Raghunath, Adv. Mr. K.V. Vishwanathan, Sr. Adv. Mr. Raghenth Basant, Adv. Ms. Aditi Mishra, Adv. Mr. Senthil Jagadeesan,Adv. For Respondent(s) Mr. Basva Prabhu Patil, Sr. Adv. Mr. K.P. Rajagopal, Adv. Mrs. V.S. Lakshmi, Adv. Mr. Ganesh D. Gurnule, Adv. Mr. Chinmay Deshpande, Adv. Mr. A. Venayagam Balan,Adv. UPON hearing the counsel the Court made the following O R D E R The matters are adjourned for three weeks. In the meanwhile, liberty to file additional documents. (Meenakshi Kohli) (Jaswinder Kaur) Court Master Court Master
ITEM NO.206 COURT NO.8 SECTION XIA S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C) No(s). 8459/2011 (Arising out of impugned final judgment and order dated 24/01/2011 in WPC No. 19310/2009 passed by the High Court of Kerala at Ernakulam) PERINTHALMANNA MUNICIPALITY & ANR Petitioner(s) VERSUS C.UNNIKRISHNAN & ORS. Respondent(s) (With appln. (s) for permission to file additional documents and interim relief and office report) (For final disposal) WITH SLP(C) No. 9498/2011 (With Interim Relief and Office Report) (For final disposal) Date : 08/01/2016 These petitions were called on for hearing today. CORAM : HON'BLE MR. JUSTICE MADAN B. LOKUR HON'BLE MR. JUSTICE R.K. AGRAWAL For Petitioner(s) Mr. Sanjay R. Hegde, Sr. Adv. Mr. A. Raghunath, Adv. Mr. K.V. Vishwanathan, Sr. Adv. Mr. Raghenth Basant, Adv. Ms. Aditi Mishra, Adv. Mr. Senthil Jagadeesan,Adv. For Respondent(s) Mr. Basva Prabhu Patil, Sr. Adv. Mr. K.P. Rajagopal, Adv. Mrs. V.S. Lakshmi, Adv. Mr. Ganesh D. Gurnule, Adv. Mr. Chinmay Deshpande, Adv. Mr. A. Venayagam Balan,Adv. UPON hearing the counsel the Court made the following O R D E RSignature Not Verified The matters are adjourned for three weeks.Digitally signed byMeenakshi KohliDate: 2016.01.0812:04:03 ISTReason: In the meanwhile, liberty to file additional documents. (Meenakshi Kohli) (Jaswinder Kaur) Court Master Court Master
â ITEM NO.204 COURT NO.2 SECTION XIA S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C) No(s). 8459/2011 (Arising out of impugned final judgment and order dated 24/01/2011 in WPC 19310/2009 passed by the High Court Of Kerala At Ernakulam) PERINTHALMANNA MUNICIPALITY & ANR Petitioner(s) VERSUS C.UNNIKRISHNAN & ORS. Respondent(s) (With prayer for interim relief and office report) (I.A. Nos. 1 & 2-appln. for permission to file additional documents and exemption from filing O.T.) (FOR FINAL DISPOSAL) WITH SLP(C) No. 9498/2011 (With prayer for Prayer for Interim Relief and Office Report) Date : 04/07/2014 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE H.L. DATTU HON'BLE MR. JUSTICE M.Y. EQBAL HON'BLE MR. JUSTICE S. A. BOBDE For Petitioner(s) Mr. P.P. Rao, Sr. Adv. Mr. G. Prakash,Adv. Ms. Beena Prakash, Adv. For Petitioner(s)/ Mr. K.V. Vishwanathan, Sr. Adv. Respondent(s) Mr.Raghenth Basant, Adv. Mr.Senthil Jagadeesan, Adv. For Respondent(s) Mr. Basava Prabhu S Patil, Sr. Adv. Mr. K.P. Rajagopal, Sr. Adv. Mr. A. Venayagam Balan, Adv. Ms. V.S. Lakshmi, Adv. UPON hearing the counsel the Court made the following O R D E R List the matter for hearing on a non-miscellaneous day.Signature Not VerifiedDigitally signed by The parties are permitted to file additionalCharanjeet KaurDate: 2014.07.0417:13:16 IST documents, if any.Reason: [ Charanjeet Kaur ] [ Vinod Kulvi ] Court Master Asstt. Registrar
ITEM NO.41 Court No.5 SECTION XIA S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSPetition(s) for Special Leave to Appeal (Civil) No(s).8459/2011(From the judgement and order dated 24/01/2011 in WPC No.19310/2009 of TheHIGH COURT OF KERALA AT ERNAKULAM)PERINTHALMANNA MUNICIPALITY & ANR Petitioner(s) VERSUSC.UNNIKRISHNAN & ORS. Respondent(s)(With prayer for interim relief and office report)WITH SLP(C) NO. 9498 of 2011(With prayer for interim relief and office report)Date: 12/08/2013 These Petitions were called on for hearing today.CORAM : HON'BLE DR. JUSTICE B.S. CHAUHAN HON'BLE MR. JUSTICE S.A. BOBDEFor Petitioner(s) Mr. Harish N.Salve,Sr.Adv. Mr. G. Prakash,Adv. Ms. Beena Prakash,Adv. Mr. K.V. Vishwanathan,Sr.Adv. Mr. Ramesh Babu,Adv. Mr. Raghanth Basant,Adv. Mr. Arjun Singh Bhati,Adv. Mr.Senthil JagadeesanFor Respondent(s) Mr. K.P. Rajagopal,Adv. Ms. V. Santhanalakshmi,Adv. Mr. Rohit Kumar Singh,Adv. Mr.Senthil Jagadeesan,Adv. UPON hearing counsel the Court made the following O R D E R List the matter for final hearing after four months.
In the meanwhile, the parties may file additional documents, if any. | (O.P. SHARMA) |(M.S. NEGI) || Court Master | Court Master |
\236ITEM NO.MM-A COURT NO.2 SECTION XIA S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSPetition(s) for Special Leave to Appeal (Civil) No(s).8459/2011(From the judgement and order dated 24/01/2011 in WPC No.19310/2009of The HIGH COURT OF KERALA AT ERNAKULAM)PERINTHALMANNA MUNICIPALITY & ANR Petitioner(s) VERSUSC.UNNIKRISHNAN & ORS. Respondent(s)(With prayer for interim relief )WITH SLP(C) NO.9498 of 2011(With appln.(s) for exemption from filing c/c of the impugned judgmentand prayer for interim relief and office report)Date: 02/08/2011 This Petition was called on for hearing today.CORAM : HON'BLE MR. JUSTICE ALTAMAS KABIR HON'BLE MR. JUSTICE CYRIAC JOSEPH HON'BLE MR. JUSTICE SURINDER SINGH NIJJARFor Petitioner(s) Mr. G. Prakash, Adv. Ms. Liz Mathew, Adv.For Respondent(s) Mr. Rohit Kumar Singh, Adv. UPON hearing counsel the Court made the following O R D E R On mentioning, let this matter be taken on board. The matter has been mentioned upon notice to the respondent, in view of the fact that the interim order, which we had passed on 18th April, 2011, expired on 22nd July, 2011. Since the matter could not be taken up in the meantime, let the order, as passed on 18th April, 2011, continue until further orders. However, let this matter be listed for further consideration on 20th September, 2011, within the first three items in the list.(Chetan Kumar) (Sharda Kapoor) Court Master Court Master
vITEM NO.14 COURT NO.2 SECTION XIA S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSPetition(s) for Special Leave to Appeal (Civil) No(s).8459/2011(From the judgement and order dated 24/01/2011 in WPC No.19310/2009of The HIGH COURT OF KERALA AT ERNAKULAM)PERINTHALMANNA MUNICIPALITY & ANR Petitioner(s) VERSUSC.UNNIKRISHNAN & ORS. Respondent(s)(With prayer for interim relief )WITH SLP(C) NO.9498 of 2011(With appln.(s) for exemption from filing c/c of the impugned judgmentand prayer for interim relief and office report)Date: 18/04/2011 This Petition was called on for hearing today.CORAM : HON'BLE MR. JUSTICE ALTAMAS KABIR HON'BLE MR. JUSTICE CYRIAC JOSEPHFor Petitioner(s) Mr. Harish Salve, Sr. Adv. Mr. G. Prakash, Adv. Ms. Beena Prakash, Adv. Mr. K.V. Vishwanathan, Sr. Adv. Mr. S. Ramesh Babu, Adv. Mr. Raghenth Basant, Adv. Ms. Liz Mathew, Adv.For Respondent(s) Mr. Sanjay Parekh, Adv. Mr. Rohit Kumar Singh, Adv. Mr. Biji Mathew, Adv. UPON hearing counsel the Court made the following O R D E R S.L.P. (C) No.8459 of 2011 Issue notice, returnable one week after the summervacation. Since the respondent Nos.1 and 3 are duly representedon caveat, service of notice on the said respondents isdispensed with. Let the State of Kerala be served, not onlyin the usual course, but also through the learned StandingCounsel for the State of Kerala.S.L.P. (C) No.9498 of 2011 As far as S.L.P. (C) No.9498 of 2011 is concerned,let notice be served on the respondent No.2 only, since theothers are duly represented. Service of notice on therespondent Nos.1, 3 and 4 is dispensed with. Let notice be
served on the State of Kerala, both in the usual course andalso by way of Dasti service. The respondents will be entitled to file theirrespective counter affidavits to the special leave petitionwithin three weeks. Rejoinder thereto, if any, may be filedby 5th July, 2011. Let this matter be listed for further considerationon 14th July, 2011. Till 22nd July, 2011 or until further orders,whichever is earlier, there will be stay of operation of theimpugned order of the High Court. This interim order ispassed upon the understanding that no equity will be claimedby the private respondents. (Chetan Kumar) (Juginder Kaur) Court Master Court Master