IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 20TH OCTOBER 2011 / 28TH ASWINA 1933 WP(C).No. 7591 of 2011(Y) ------------------------ PETITIONER : -------------------- D.RAJ KUMAR, PROPRIETOR, LAKE SAGAR XAVIERS, THEKKUMBAGAM, SOUTH PARAVOOR, KOLLAM. BY ADVS. SRI.A.SUDHI VASUDEVAN SMT.K.PUSHPAVATHI SRI.JOHNSON K.KURIEN RESPONDENT(S): ------------------------- 1. DISTRICT TOURISM PROMOTION COUNCIL REP. BY ITS SECRETARY, NEAR KSRTC BUS STAND KOLLAM, KOLLAM-691001. 2. DISTRICT COLLECTOR, KOLLAM-691001. 3. SECRETARY, PARAVOOR MUNICIPALITY, KOLLAM-691001. 4. SENIOR MANAGER, DHANALEKSHMI BANK, KOLLAM BRANCH, KOLLAM-691001. R1 BY ADV. SRI.BECHU KURIAN THOMAS R2 BY GOVT. PLEADER SMT. SANJEETHA R3 BY ADV. SRI.AYYAPPAN SANKAR R4 BY ADV. SRI.VIVEK VARGHESE P.J. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...2/- WP(C).No. 7591 of 2011(Y) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : COPY OF THE BID DOCUMENTS ISSUED TO THE PETITIONER. EXT.P2 : COPY OF THE DEMAND DRAFT DATED 12.05.2008 FOR A SUM OF RS. 540420/- DRAWN IN FAVOUR THE 1ST RESPONDENT. EXT.P3 : COPY OF THE BANK GUARANTEE DATED 16.5.2008 FURNISHED BY THE 4TH RESPONDENT ON BEHALF OF THE PETITIONER. EXT.P4 : COPY OF THE AGREEMENT DATED 16.5.2008 EXECUTED BETWEEN THE PETITIONER AND THE 1ST RESPONDENT. EXT.P5 : COPY OF THE LETTER DATED 20.02.2009 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER. EXT.P6 : COPY OF THE REPRESENTATION DATED 12.5.2009 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. EXT.P7 : COPY OF THE RECEIPT DATED 30.5.2009 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER ACKNOWLEDGING THE RECEIPT IN A SUM OF RS. 2,70,000/-. EXT.P8 : COPY OF THE RECEIPT DATED 30.5.2009 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER ACKNOWLEDGING THE RECEIPT IN A SUM OF RS. 210/- EXT.P9 : COPY OF THE DEMAND DRAFT DATED 5.02.2010 DRAWN IN FAVOUR OF THE 1ST RESPONDENT FOR A SUM OF RS. 2,70,210/-. EXT.P10 COPY OF THE NOTICES DATED 29.1.2010 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER. EXT.P11 COPY OF THE REPLY DATED 15.2.2010 ISSUED BY THE PETITIONER TO THE 3RD RESPONDENT ON RECEIPT OF EXT.P10. EXT.P12 COPY OF THE LETTER DATED 16.2.2010 ISSUED BY THE PETITIONER TO THE 1ST RESPONDENT. EXT.P13 COPY OF THE NOTICE DATED 17.3.2010 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER. (Contd...) WP(C).No. 7591 of 2011(Y) EXT.P14 COPY OF THE LETTER DATED 24.3.2010 ISSUED BY THE PETITIONER TO THE 1ST RESPONDENT. EXT.P15 COPY OF REPLY DATED 7.8.2010 ISSUED BY THE PETITIONER TO THE 1ST RESPONDENT. EXT.P16 COPY OF THE LETTER DATED 13.12.2010 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER. EXT.P17 COPY OF REPLY DATED 18.12.2010 ISSUED BY THE PETITIONER TO THE 1ST RESPONDENT. EXT.P18 COPY OF LETTER DATED 16.2.2011 ISSUED BY THE 1ST RESPONDENT TO THE MANAGER OF DHANLAKSMI BANK. EXT.P19 COPY OF THE LETTER DATED 16.5.2011 ISSUED BY DHANALAKSMI BANK, KOLLAM BRANCH EVIDENCING THE RENEWAL OF BANK GUARANTEE. EXT.P20 COPY OF THE RECEIPT DATED 18.7.2011 ISSUED BY THE KERALA STATE ELECTRICITY BOARD EVIDENCING THE PAYMENT OF ELECTRICITY CHARGES FOR THE MONTH OF JUNE 2011 IN RELATION TO LAKE SAGAR RESORT. EXT.P21 COPY OF THE EXTRACT OF THE CONSUMER LEDGER MAINTAINED BY THE KERALA WATER AUTHORITY CONTAINING THE COLLECTION DETAILS OF THE WATER CHARGES TILL SEPTEMBER 2008 IN RELATION TO LAKE SAGAR RESORT. EXT.P22 COPY OF LETTER DATED 15.5.2009 ISSUED BY THE PETITIONER TO THE ASSISTANT EXECUTIVE ENGINEER, KERALA WATER AUTHORITY P.H. SUB DIVISION, KOLLAM. EXT.P23 COPY OF THE REPLY DATED 21/5/09 ISSUED BY THE ASSISTANT EXECUTIVE ENGINEER TO EXT. P22 ISSUED BY THE PETITIONER. EXT.P24 COPY OF THE LETTER DATED 26/8/2011 ISSUED BY DHANALAKSMI BANK KOLLAM BRANCH EVIDENCING THE RENEWAL OF BANK GUARANTEE FOR 3 MONTHS W.E.F. 16.8.2011. RESPONDENT'S EXHIBITS : EXT.R1(a) : COPY OF THE ORDER NO. DTPC-K/20/2007 DTD. 30.04.2008 ISSUED BY THE SECRETARY OF THE 1ST RESPONDENT. (Contd...) WP(C).No. 7591 of 2011(Y) EXT.R1(b) : COPY OF THE LICENSE DTD 02.08.2008. EXT.R1(c) : COPY OF THE RECEIPT DATED 13.02.2009 FOR PAYMENT PROFESSIONAL TAX. EXT.R1(d) COPY OF THE LETTER WRITTEN BY THE CHAIRMAN OF THE 3RD RESPONDENT TO THE 2ND RESPONDENT. EXT.R1(e) COPY OF THE RECEIPT ISSUED BY LAKE SAGAR XAVIERS DATED 14-2-2011 FOR ROOM RENT. EXT.R1(f) COPY OF THE RESTAURANT BILL DATED 14-2-2011 ISSUED BY THE PETITIONER. EXT.R1(g) COPY OF THE DEMAND AND DISCONNECTION NOTICE ISSUED BY KERALA WATER AUTHORITY TO THE PETITIONER. EXT.R1(h) COPY OF THE LETTER DATED 28-4-2011 ISSUED BY THE PETITIONER. EXT.R1(i) COPY OF THE REPLY DATED 9-5-2011 ISSUED BY THE DISTRICT TOURISM PROMOTION COUNCIL TO WRIT PETITIONER. EXT.R1(j) COPY OF THE LETTER DATED 12-5-2011 ISSUED BY DTPC TO THE BANK. EXT.R1(k) COPY OF THE LETTER DATED 16-5-2001 ISSUED BY THE PETITIONER TO THE 1ST RESPONDENT. EXT.R1(l) COPY OF THE REPLY ISSUED BY DISTRICT TOURISM PROMOTION COUNCIL ON 17-5-2011. //TRUE COPY// P.S. TO JUDGE Mn ANTONY DOMINIC, J ....................................................... W.P.(C).7591/2011 .............................................. Dated this the 20th day of October, 2011 JUDGMENT The dispute between the petitioner and the first respondent regarding the premises in respect of which a licence was granted to the petitioner, is the subject matter in this writ petition. 2. Ext.P4 is the agreement between the parties and the parties agree that clause 25 of the agreement provides for resolution of disputes by way of arbitration. Petitioner submits that he has made an application for the appointment of an Arbitrator. 3. Now that the agreement between the parties provide for arbitration of disputes, necessarily the disputes raised in this writ petition itself will have to be got resolved by way of arbitration for which an application is also made. Therefore, this writ petition is disposed of with the following directions. It will be open to the parties to pursue the arbitration application filed by the petitioner for the arbitration of disputes between them and therefore, the issues raised in this writ petition W.P.(C).7591/2011 2 are left out to be adjudicated by the Arbitrator. The Bank guarantee furnished by the petitioner which is valid till 15.11.2011, will be kept valid for a period of ten months so that its appropriation or continuance can be regulated by the award or order to be passed in the arbitration proceedings. ANTONY DOMINIC, Judge mrcs