IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN WEDNESDAY, THE 26TH MARCH 2008 / 6TH CHAITHRA 1930 WP(C).No. 842 of 2006(A) ----------------------------------- PETITIONERS: ------------------ 1. MALABAR REGIONAL CO-OPERATIVE MILK PRODUCERS UNION LIMITED, KUNNAMANGALAM, KOZHIKODE-673 571, REPRESENTED BY MANAGING DIRECTOR. 2. PALAKKAD DIARY, MRCMPU LTD., PALAKKAD, REPRESENTED BY THE DIARY MANAGER, BY ADV. SRI.K.ANAND (A.201) SMT.LATHA KRISHNAN RESPONDENTS: ----------------------- 1. M.SULAIMAN, S/O.MOIDEENKUTTY, NAZEEMA MANZIL, HOUSE NO.36/794, NEW BRIDGE, OLAVAKKODE, PALAKKAD-678 002. 2. THE DIRECTOR OF DIARY DEVELOPMENT, KSHEERA BHAVAN, PATTOM, THIRUVANANTHAPURAM. BY ADV. SRI.C.K.ABDUL RAHIM BY GOVERNMENT PLEADER SRI.P.K.RAVIKRISHNAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP.(C) NO.842/2006 APPENDIX PETITIONERS EXHIBITS EXT.P1:- COPY OF THE LETTER DT. 8.6.2001 FROM THE DIVISIONAL OFFICE OF THE PALAKKAD RAILWAY STATION. EXT.P2:- COPY OF THE COMMUNICATION DT. 30.9.03 SENT TO THE SIT RESPONDENT BY THE 2ND PETITIONER. EXT.P3:- COPY OF THE COMMUNICATION DT. 15.4.04 SENT TO THE SIT RESPONDENT BY 2ND PETITIONERS. EXT.P4:- COPY OF THE COMMUNICATION DT. 12.11.04 SENT TO THE IST RESPONDENT BY 2ND PETITIONER. EXT.P5:- COPY OF THE CONSENT LETTER DT. 25.3.03. EXT.P6:- COPY OF THE APPLICATION DT. 15.12.04 SUBMITTED BY THE IST RESPONDENT BEFORE 2ND RESPONDENT. EXT.P7:- COPY OF THE REPLY TO EXT.P6 DT. 18.1.05 SUBMITTED BY THE IST PETITIONER BEFORE THE 2ND RESPONDENT. EXT.P8:- COPY OF THE ORDER PASSED BY THE 2ND RESPONDENT ON EXT.P6 APPLICATION. EXT.P9:- COPY OF THE CONDITION DT. 22.5.07. RESPONDENT'S EXHIBITS EXT.R2(A):- AWARD OF THE LOK ADALATH DT. 23.11.2006. EXT.R2(B):- NOTICE ISSUED BY 2ND PETITIONER DT. 15.11.07. EXT.R2(C):- REPLY SUBMITTED BY R1 DT. 21.11.07. EXT.R2(D):- NOTICE ISSUED BY 2ND PETITIONER DT. 18.12.07. EXT.R2(E):- LETTER ISSUED BY RESPONDENT (R1) TO 2ND PETITIONER. EXT.R2(F):- COPY OF THE D/D SUBMITTED TO 2ND PETITIONER. EXT.R2(G):- LETTER ISSUED BY 2ND PETITIONER DT 14.1.08. EXT.R2(H):- PRICE LIST OF PRODUCTS PUBLISHED BY RAILWAY. EXT.R2(I):- ORDER OF THE DIRECTOR OF TRAFFIC RAILWAY DT. 3.4.91. /TRUE COPY/ P.A. TO JUDGE tss Thottathil B. Radhakrishnan, J. ================================== W.P.(C)No.842 of 2006 ================================== Dated this the 26th day of March, 2008. JUDGMENT Petitioners challenge Ext.P8 decision whereby, the officer exercising the powers of Registrar has issued an order requiring MILMA and the first respondent to settle the disputes between them having a practical approach in dealing with the issues. 2. In a different matter between the same parties relating to another railway station, the parties have entered a settlement in WPC No.25685 of 2005. 3. The issue in hand relates to a milma booth in a railway station. The impugned order was issued sometime in 2005. With the passage of time, MILMA is a commercial establishment and the first W.P.(C)No.842 of 2006-A -:2:- respondent as an agent has to work out his remedies by negotiations or any other mode in which commercial matters are settled. The impugned order cannot stand in the way of such subsequent activity between the parties. At this distance of time, no purpose will be served by quashing the impugned order. Writ petition is closed without interfering with the impugned order. Thottathil B.Radhakrishnan, Judge. sl.