IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 25TH MARCH 2008 / 5TH CHAITHRA 1930 OP.No. 2544 of 2001(C) -------------------------------- PETITIONER: ------------------- JUDE CHANDRAN, SON OF A.W. NETTO, RESIDING AT SEA VIEW HOUSE, VALIATHURAI, MUTTATHURAI VILLAGE, TRIVANDRUM - 695 008, (PRESIDENT OF THE VALIATHURA FOOT BALL ASSOCIATION). BY ADV. SRI.J.GEORGE. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY ITS CHIEF SECRETARY, GOVERNMENT SECRETARIAT, TRIVANDRUM. 2. THE DIRECTOR OF PORTS, KERALA STATE, SASTHAMANGALAM, TRIVANDRUM -10. 3. THE STATE PORT OFFICER, ASHRAMAM, NEENDAKARA, QUILON. 4. THE PORT CONSERVATOR, VALIATHURA PORT, TRIVANDRUM - 8. 5. THE COMMISSIONER OF POLICE, TRIVANDRUM CITY, TRIVANDRUM -14. 6. ANTONY MIRANDA, THUNDUVILAKOM PURAIDOM, VALIATHURA, VALLAKKADAVU.P.O., TRIVANDRUM. BY GOVERNMENT PLEADER SMT. SMITHA BABU, ADV. DR.K.P.KYLASANATHA PILLAI, SRI.P.SREEKUMAR, SRI.B.PRABHAT KUMAR, SMT.SREEDEVI KYLASANATH. THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 25/03/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON C.M.P. NO. 4274/2001 IN O.P. NO. 2544/2001-C DISMISSED 25/03/2008. SD/- T.R.RAMACHANDRAN NAIR, JUDGE. APPENDIX PETITIONER'S EXHIBITS : EXT.P.1: COPY OF THE ROUGH SKETCH OF THE PROPOSED STADIUM. EXT.P.2: COPY OF THE NOTICE DTD. 06/01/2001 SIGNED BY THE VALIYATHURA VOLLEY BALL ASSOCIATION. EXT.P.3: COPY OF THE NOTICE DTD. 19/01/2001 SIGNED BY THE CONVENOR. EXT.P.4: COPY OF THE RELEVANT PAGE OF THE PROGRAMME FOR THE 116TH ANNUAL CELEBRATIONS DTD. 26/12/2000. EXT.P.5: COPY OF THE LETTER NO. A3-735/2000 DTD. 04/05/2000 TO THE R.3. EXT.P.6: COPY OF THE MASS PETITION DTD. 15/01/2001 TO THE SPORTS MINISTER OF KERALA. RESPONDENT'S EXHIBITS: EXT.R6.A: COPY OF THE LICENCE DTD. 30/01/2001 ISSUED TO THE R.6. EXT.R6.B: COPY OF THE RECEIPT DTD. 02/03/2001 ISSUED FOR THE REMITTANCE OF GROUND RENT OF RS.7,200/-. EXT.R6.C: COPY OF THE ORDER DTD. 12/12/2000 IN CMP. NO. 58386/2000 IN O.P. NO. 34186/2000. //TRUE COPY// prv. T.R.RAMACHANDRAN NAIR, J. ======================= O.P.No.2544 of 2001-C. ======================= Dated this the 25th day of March, 2008. J U D G M E N T The petitioner represents a Foot Ball Association at Valiyathura in Thiruvananthapuram district. The challenge is against Ext.P5 by which the 6th respondent was granted lease for storing and preserving fish products in the Valiyathura Port area for a period of one year from 19.1.2000. There was a further permission to erect a temporary shed in the said place. The challenge is on various grounds. It is alleged that the leased premises forms part of the Foot Ball ground which is used by the Foot Ball Association and other people of the locality for playing Foot Ball. 2. The 6th respondent has filed a counter-affidavit. It is pointed out by the 6th respondent therein that pending the writ petition the licence has been renewed as per order dated 1.2.2001 of O.P.No.2544 of 2001-C. -: 2 :- the Director of Ports and there is no challenge against the said order in these proceedings. It is also pointed out that this original petition was filed as a counter-blast to OP.No.34186/2000 filed by the 6th respondent seeking police protection. 3. In any view of the matter, since the period of lease covered by Ext.P5 is over and as the same have been renewed, the writ petition has become infructuous. Therefore it is dismissed as infructuous. T.R.RAMACHANDRAN NAIR, JUDGE. kvs/-