Court : Kerala
Decided on : Oct-07-2015
1. This Regular Second Appeal essentially arises out of the challenge made as against the permission granted by the statutory authorities concerned for the establishment of a vault type cemetery in the appellant St.Mary's Orthodox Church, Vettipuram, Pathanamthitta district. The contesting respondents herein had filed Original Suit, O.S.No.57/1999 before the Munsiff's Court, Pathanamthitta, praying to set aside the impugned orders issued by the statutory authorities concerned in the matter of permission for construction of a vault type cemetery by the St.Mary's Orthodox Church authorities concerned (respondents 5 and 6 in the O.S.) and for consequential injunction. The trial court has decreed the suit in favour of the plaintiffs. Aggrieved by the impugned judgment and decree rendered by the Munsiff's Court, Pathanamthitta, on 29.9.2000 in O.S.No.57/1999, the church authorities had filed Appeal Suit, before the District Court concerned. The lower appellate court, as per the impugned jud...
Tag this Judgment!Court : Kerala
Decided on : Sep-14-2015
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE THE CHIEF JUSTICE MR.ASHOK BHUSHAN THE HONOURABLE MR.JUSTICE THOTTATHIL B.RADHAKRISHNAN THE HONOURABLE MR.JUSTICE ANTONY DOMINIC THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE & THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS MONDAY, THE14H DAY OF SEPTEMBER201523RD BHADRA, 1937 WA.NO. 2516 OF2009( ) ------------------------ AGAINST JUDGMENT DATED1308.2009 IN W.P(C) NO.30854 OF2007OF THE HIGH COURT OF KERALA APPELLANT(S)/PETITIONER: ------------------------ CHIRAYINKEEZHU SERVICE CO-OPERATIVE BANK BANK LTD.NO.1155, CHIRAYINKEEZHU, REP. BY ITS SECRETARY. BY ADV. SRI.LIJU. M.P RESPONDENT(S)/RESPONDENTS: -------------------------- 1. K.SANTHOSH RAILWAY STATION, CHIRAYINKEEZHU.2. LABOUR COURT, KOLLAM. R2 BY ADV. SRI.BECHU KURIAN THOMAS R. BY ADV. SRI.PAUL JACOB (P) R. BY ADV. SRI.ENOCH DAVID SIMON JOEL R. BY ADV. SRI.S.SREEDEV R. BY ADV. SRI.RONY JOSE R. BY ADV. SRI.GEORGE A.CHERIAN BY SPECIAL GOVERNMENT PLEADER SMT. GIRIJA GOPAL THIS WR...
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Decided on : Dec-16-2015
Ramachandra Menon, J. Common grievance involved in these writ petitions, stated as filed in public interest, is in respect of the alleged illegal reclamation of paddy land/wet land, mostly lying water logged, for commercial activity in connection with setting up of a resort involving Crores of rupees, causing much environmental hazards and damage to the eco-system, adversely affecting the free flow of water, blocking water channels joining the backwater (Vembanadu Kayal) bordering the northern boundary of the property in question; that too, in violation of the Coastal Zone Regulations. 2. It is contended that illegal reclamation and construction activities are being pursued, based on the orders/clearance obtained without revealing the actual facts and figures and also without obtaining any sanction from the Ministry of the Environmental and Forest, Government of India in terms of the Coastal Zone Regulation Notification 1999. It is asserted from the part of the petitioners that the rec...
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Decided on : May-08-2015
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE V.CHITAMBARESH FRIDAY, THE8H DAY OF MAY201518TH VAISAKHA, 1937 El.Pet..No. 2 of 2011 ( ) -------------------------- PETITIONER(S)/PETITIONER: ----------------- ASHARAF KOKKUR, AGED55YEARS S/O.HAJI MOHD. ABDUL HEYYIE, MANAMKANDATH HOUSE P.O KOKKUR, MALAPPURAM DISTRICT679591 BY ADVS.SRI.K.RAMAKUMAR (SR.) SMT.SMITHA GEORGE SRI.C.R.REKHESH SHARMA SMT.ASHA BABU SRI.K.G.RAJEESH RESPONDENT(S): ------------------ 1. SRI.K.V.ABDUL KHADER, KARUPPAM VEETTIL HOUSE, BLANGADU P.O THRISSUR DISTRICT - 680 506 2. SHRI.DAYANANDAN MAMPULLY, MAMPULLY HOUSE P.O., PUNNAYUR THRISSUR DISTRICT679562.3. SHRI.MUHAMMED ASHARAF, 4/521, THAYAMKULAM HOUSE, VILLANNOOR, P.O.KARIKKAD THRISSUR DISTRICT680519 4. SHRI. ASHARAF VADAKOOT, KOMBATHAYIL HOUSE, VADAKKEKAD P.O THRISSUR DISTRICT679562 5. SHRI.C.V. PREMRAJ, CHAKKANDAN HOUSE, P.O.BLANGAT, CHAVAKKAD, THRISSUR DISTRICT680506 6. SHRI.K.V.ABDUL KAHADER, KODAKKAT VALAPPIL HOUSE, AYNIKOD P.O NANN...
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Decided on : Dec-23-2015
Ramakrishnan, J. 1. W.A.No.2551/2015 was filed by the petitioner in W.P.(C). No.15636/2015, while W.A.No.2553/2015 was filed by the fourth respondent in W.P.(C).No.15444/2015, W.A.No.2581/2015 was filed by the additional respondents 5 and 6 in W.P.(C). No.15444/2015 whereas W.A.No.2697/2015 was filed by the additional respondents 4 and 5 in W.P.(C)No.18954/2015. W.A.No.2698/2015 was filed by the additional respondents 4 and 5 in W.P.(C)No.20172/2015 while W.A.No.2696/2015 was filed by the petitioners in W.P.(C).No.22070/2015. W.A.No.2708/2015 was filed by a thirty party against the order in W.P.(C).No.15444/2015 with leave petition I.A.No.1615/2015 and leave was granted and I.A.No.1635/2015 was filed to condone the delay and since he was non party to the proceedings, delay was condoned and appeal was also heard and disposed of along with the above appeals. 2. W.P.(C).Nos.15444/2015 and 20172/2015 were filed by the District Committee (Pathanamthitta) of Kerala Government Contractors' Fe...
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Decided on : Nov-27-2015
V. Raja Vijayaraghavan, J. 1. The legality of the order dated 7. 10. 2015 in Crl.M.P. No 1784 of 2015 of the Sessions Judge, Kalpetta, is challenged in this appeal preferred u/s 21(4) of the National Investigation Agency Act, 2008 by the appellant, who is the 6th accused in crime number 142/2014 of the Vellamunda police station. 2. The above petition was preferred by the appellant under section 439, 167 (2) of the Code of Criminal Procedure (hereinafter referred to as the Code ) read with section 43(D) of the Unlawful Activities (Prevention) Act (hereinafter referred to as the UA(P) Act), seeking default bail. 3. The question raised by Sri K.S. Madhusoodanan, the learned counsel appearing for the appellant, centers around the interpretation of S. 43D (2) of the UA(P) Act which modifies the operation of S. 167 (2) of the Code , when offences under the UA (P) Act are involved. 4. Skeletal facts will have to be noted first :- (a). On 24.4.2014, at about 20.30 hrs, one Roopesh along with 4...
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Decided on : Dec-08-2015
1. These writ petitions challenge the constitutional validity of the Kerala Tax on Luxuries Act, to the extent it seeks to levy luxury tax on Direct to Home Services (hereinafter referred to as DTH Services ). The petitioners in these writ petitions are all Companies engaged in providing DTH Services, having been granted licenses, by the Government of India, to provide such services under the Indian Telegraph Act, 1885 and the Indian Wireless Act, 1933 on the terms and conditions specified in the licenses issued to them. 2. In the broadcasting sector, the content of the broadcast reaches the ultimate subscriber through different distribution platforms. For the purposes of the instant cases, the examination is limited to only two of them viz. Cable TV network and DTH services. In the cable TV network, the services value chain comprises of four supply side entities namely (i) the broadcaster, (ii) the aggregator, (iii) The Multi-system operator (MSO) and (iv) The local cable operator (LC...
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Decided on : Feb-12-2015
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN THURSDAY, THE12H DAY OF FEBRUARY201523RD MAGHA, 1936 W.P.(C).No.14724 of 2011 (M) --------------------------------------------------- AGAINST THE AWARD IN I.D.NO.6/2005 DATED1507.2010 OF THE INDUSTRIAL TRIBUNAL, KOZHIKODE. ----------------- PETITIONER(S):- -------------------------- KERALA STATE BEVARAGES (MANUFACTURING & MARKETING)CORPORATION, SASTHAMANGALA, THIRUVANANTHAPURAM, REPRESENTED BY ITS MANAGING DIRECTOR. BY STANDING COUNSEL SRI.C.S.AJITH PRAKASH. RESPONDENT(S): ---------------------------- 1. THE CANNANORE DISTRICT SHOP ESTABLISHMENT & GENERAL WORKERS UNION (INTUC), KANNUR, PIN - 670 001, REPRESENTED BY ITS SECRETARY.2. THE SECRETARY, THE CANNANORE DISTRICT SHOP ESTABLISHMENT & GENERAL WORKERS UNION (INTUC), KANNUR - 670 001.3. SRI.ASHIK.K.K, S/O.ABDULLA, VALIYAPAVAKKAL, KAKKAD, KANNUR-670 005.4. THE INDUSTRIAL TRIBUNAL,KOZHIKODE - 673 100. * ADDL.R5. KANNUR JILLA BEVERAGE WORKERS U...
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Decided on : Apr-10-2015
IN THE HIGH COURT OF KERALAAT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE ANTONY DOMINIC & THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS FRIDAY, THE10H DAY OF APRIL201520TH CHAITHRA, 1937 WP(C).No. 17328 of 2014 (M) ---------------------------- PETITIONER(S): -------------------------- THE PRINCIPAL, KARUNA MEDICAL COLLEGE, VILAYODI, CHITTUR PALAKKAD DISTRICT. BY ADV. SRI.GEORGE POONTHOTTAM RESPONDENT(S): ---------------------------- 1. THE ADMISSION SUPERVISORY COMMITTEE & FEE REGULATORY COMMITTEE FOR PROFESSIONAL COLLEGES OF KERALA, TC151553 PRASANTHI BUILDINGS, M.P.APPAN ROAD, VAZHUTHACAUD THIRUVANANTHAPURAM - 695 015 REPRESENTED BY THE MANAGER.2. KERALA UNIVERSITY OF HEALTH SCIENCES, MEDICAL COLLEGE P.O., THRISSUR - 680 596 REPRESENTED BY ITS REGISTRAR. R2 BY ADV. SRI.P.SREEKUMAR,SC,KERALA UTY.HEALTH & R1 BY ADV. SMT.MARY BENJAMIN, SC, ADMISSION SUPERVISORY CO THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON0104-2015, ALONG WITH WPC.26608/14 AND CONNECTED CASES, THE COURT ON1...
Tag this Judgment!Court : Kerala
Decided on : Apr-10-2015
IN THE HIGH COURT OF KERALAAT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE ANTONY DOMINIC & THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS FRIDAY, THE10H DAY OF APRIL201520TH CHAITHRA, 1937 WP(C).No. 17328 of 2014 (M) ---------------------------- PETITIONER(S): -------------------------- THE PRINCIPAL, KARUNA MEDICAL COLLEGE, VILAYODI, CHITTUR PALAKKAD DISTRICT. BY ADV. SRI.GEORGE POONTHOTTAM RESPONDENT(S): ---------------------------- 1. THE ADMISSION SUPERVISORY COMMITTEE & FEE REGULATORY COMMITTEE FOR PROFESSIONAL COLLEGES OF KERALA, TC151553 PRASANTHI BUILDINGS, M.P.APPAN ROAD, VAZHUTHACAUD THIRUVANANTHAPURAM - 695 015 REPRESENTED BY THE MANAGER.2. KERALA UNIVERSITY OF HEALTH SCIENCES, MEDICAL COLLEGE P.O., THRISSUR - 680 596 REPRESENTED BY ITS REGISTRAR. R2 BY ADV. SRI.P.SREEKUMAR,SC,KERALA UTY.HEALTH & R1 BY ADV. SMT.MARY BENJAMIN, SC, ADMISSION SUPERVISORY CO THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON0104-2015, ALONG WITH WPC.26608/14 AND CONNECTED CASES, THE COURT ON1...
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