IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 26TH SEPTEMBER 2011 / 4TH ASWINA 1933 WP(C).No. 18240 of 2011(D) -------------------------- PETITIONER(S): --------------- K.P.LAILA, D/O.ENIKUTTY, 38 YEARS OF AGE, KANHIPPURA, KARIPPOL POST, MALAPPURAM DISTRICT, KERALA-676 301. BY ADV. SRI.JOHN MATHEW SRI.V.P.MUHAMMED SUNEER RESPONDENT(S): --------------- 1. UNION OF INDIA, REPRESENTED BY THE CONTROLLER GENERAL OF PATENTS, DESIGNS AND TRADE MARKS, MINISTRY OF COMMERCE AND INDUSTRY, PATENT OFFICE, BOUDHIK SAMPADA BHAVAN, S.M.ROAD, NEAR ANTOP HILL HEAD POST OFFICE, ANTOP HILL, MUMBAI-400 037. 2. ASST.CONTROLLER OF PATENTS AND DESIGNS, THE PATENT OFFICE, BOUDHIK SAMPADA BHAVAN, BLOCK C.P.2, SECTOR V, SALT LAKE CITY, KOLKATTA-700 091, WEST BENGAL. 3. A.R.SAFIULLAH, SOLE PROPRIETOR & TRADING AS S.A.SAFIULLAH & CO., 152, KODAMBAKKAM, HIGH ROAD, NUNGAMBAKKAM, CHENNAI-600 034. ADV. SRI.P.PARAMESWARAN NAIR,ASG OF INDIA FOR R1 &2 SRI.V.CHITAMBARESH, SENIOR ADVOCATE FOR R3 SRI.DENU JOSEPH FOR R3 SRI.SAJI MATHEW FOR R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC.18240/2011 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE COMMON ORDER DT 16.9.2010. P2 COPY OF THE APPLICATION NUMBERED 202658-D/CANCELLATION. P3 COPY OF THE APPLICATION NUMBERED183132-D/CANCELLATION. P4 COPY OF THE APPLICATION NUMBERED 182931.-D/CANCELLATION. P5 COPY OF THE REQUEST DT 3.5.11. P6 COPY OF THE REQUEST LETTER DT 13.5.11. P7 COPY OF THE REQUEST LETTER DT 20.5.11. P8 COPY OF THE APPLICATION DT 28.6.11. P9 COPY OF THE PROCEEDINGS DT 28.6.11. P10 COPY OF THE APPLICATION DT 30.6.11. // True Copy // P.A. To Judge ANTONY DOMINIC, J. ``````````````````````````````````````````````````````````` W.P.(C) No. 18240 of 2011 D ``````````````````````````````````````````````````````````` Dated this the 26th day of September, 2011 J U D G M E N T ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ The prayer sought in the writ petition is to direct the first respondent to consolidate the hearing of Exts.P2, P3 and P4 applications made by the petitioner and third respondent before the second respondent, invoking his power under the provisions of the Designs Act, 2000 and to post these applications for hearing before the second respondent. There is a further prayer to direct that these applications be transferred to the Chennai Patent Office to be heard by that Office. 2. I heard the counsel appearing for the petitioner and the learned Senior Counsel instructed on behalf of the third respondent. 3. Ext.P2 is an application filed by the third respondent, seeking cancellation of the registration of design in favour of the petitioner and Exts.P3 and P4 are W.P.(C) No.18240/2011 : 2 : two applications filed by the petitioner seeking cancellation of the registrations granted in favour of the third respondent. It is the consolidated hearing of these applications in the manner as above which is sought for in the writ petition. 4. When the matter was taken up, counsel for the petitioner does not press his prayer for transfer of the applications to the Chennai Office and the parties agree that the applications can be directed to be heard by the second respondent. Accordingly, based on the agreement between the parties, this writ petition is disposed of with the following direction:- That the second respondent, the authority before whom Exts.P2 to P4 applications are pending, shall hear and dispose of Exts.P2 to P4 applications, separately, with notice to the parties concerned, and preferably on the same day. Sd/- (ANTONY DOMINIC, JUDGE) aks/26/09 // True Copy // P.A. To Judge