Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE BASANT BALAJI TUESDAY, THE 30TH DAY OF JULY 2024 / 8TH SRAVANA, 1946 WP(C) NO. 8792 OF 2020 PETITIONER/S: 1 ACHUTHAN.U AGED 80 YEARS S/O.LATE RAMAN NAIR, CHOKKATTIL HOUSE, KALLUVAZHI, OTTAPALAM TALUK, PALAKKAD DISTRICT. 2 KRISHNAN V.N., AGED 68 YEARS S/O.LATE NARAYANA GUPTHAN, VATAKKUMPADATH HOUSE, MANNAMPETTA, OTTAPALAM TALUK, PALAKKAD DISTRICT. P.JAYARAM AKHIL P RESPONDENT/S: 1 THE DISTRICT COLLECTOR PALAKKAD/THE CHAIRMAN, DISTRICT TOURISM PROMOTION COUNCIL, PALAKKAD-678001.
2 DISTRICT TOURISM PROMOTION COUNCIL, PALAKKAD, REPRESENTED BY ITS SECRETARY, PALAKKAD- 678001. 3 SREEKRISHNAPURAM GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, 4 THE SECRETARY, SREEKRISHNAPURAM GRAMA PANCHAYATH,
5 SHIHABUDHEEN K., KONIKUZHIYIL HOUSE, PANANGANGARA, RAMAPURAM P.O., MALAPPURAM DISTRICT, PIN-679350. WP(C) NO. 8792 OF 2020 2 6 NIZAR.P., PALLIYALTHODI, MAKKARAPARAMBU, VATTALOOR P.O., MALAPPURAM DISTRICT, PIN-676507. 7 THE STATE OF KERALA, REP. BY ITS SECRETARY, DEPARTMENT OF TOURISM, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN- 695001. SRI.GEORGE CHERIAN (SR.) SRI.PHILIP T.VARGHESE SRI.THOMAS T.VARGHESE SRI.ALEXY AUGUSTINE SMT.ACHU SUBHA ABRAHAM SMT.K.S.SANTHI SMT.V.T.LITHA SMT.K.R.MONISHA SMT.SHRUTHI SARA JACOB OTHER PRESENT: GP SRI. RIYAL DEVASSY THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30.07.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 8792 OF 2020 3
JUDGMENT
(Dated this the 30th day of July, 2024) This Writ Petition is filed for calling records relating to Ext.P3 agreement and to declare that the procedures undertaken by the District Tourism Promotion Council, Palakkad are absolutely illegal and abinitio void.
2. Heard the learned counsel for the petitioners, senior counsel and the counsel for respondent No. 2 and the senior Government Pleader for respondent No.1.
3. Ext.P3 is an agreement executed on 31.01.2020 and the
period of agreement is for three years, which ended on 31.01.2023. Since the period of Ext.P3 is over, the reliefs sought for in the Writ Petition cannot be granted. Therefore, this Writ Petition is dismissed without prejudice to the right of the petitioners to challenge the subsequent agreements executed by the parties, in accordance with law. Sd/- BASANT BALAJI JUDGE SNGI WP(C) NO. 8792 OF 2020 4 APPENDIX OF WP(C) 8792/2020 PETITIONER’S EXHIBITS EXHIBIT P1 TRUE COPY OF THE MINUTES OF THE MEETING
DATED 05.10.2018 HELD AT THE CHAMBER OF THE DISTRICT COLLECTOR, PALAKKAD NO.DTPC/PKD/76/2018 DATED 10.10.2018. EXHIBIT P2 TRUE COPY OF THE QUERIES CAUSED BY THE 2ND PETITIONER TO THE DISTRICT TOURISM PROMOTION COUNCIL, PALAKKAD ABOUT THE WORKING AND OTHER INTERNAL AFFAIRS OF THE BAPPUJI CHILDREN'S PARK, SREEKRISHNAPURAM. EXHIBIT P2(A) TRUE COPY OF THE INFORMATION DATED 24.02.2020 OBTAINED BY THE 2ND PETITIONER FROM THE DISTRICT TOURISM PROMOTION COUNCIL, PALAKKAD WITH RESPECT TO THE AFFAIRS OF BAPPUJI CHILDREN'S PARK, SREEKRISHNAPURAM. EXHIBIT P3 TRUE COPY OF THE AGREEMENT DATED 31.01.2020 EXECUTED AMONG THE SECRETARY, DISTRICT TOURISM PROMOTION COUNCIL, PALAKKAD AND (1) SHIHABUDDIN.K, KONIKUZHIYIL HOUSE, PANANGANGARA, RAMAPURAM P.O., MALAPPURAM DISTRICT. (2) NIZAR.P, PALLIYALTHODI, VATTALOOR P.O., MAKKARAPARAMBU, MALAPPURAM DISTRICT.