IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON MONDAY, THE 23RD MARCH 2009 / 2ND CHAITHRA 1931 WP(C).No. 13890 of 2006(C) ------------------------------------- PETITIONER(S): -------------------------- A.K. VELAYUDHAN, AMBAT HOUSE, P. MANJAPRA, KALADY (VIA), ERNAKULAM DISTRICT. BY ADV. MR.P.VIJAYAKUMAR RESPONDENT(S): ------------------------- 1. ERNAKULAM REGIONAL CO-OPERATIVE MILK PRODUCERS UNION LTD. (MILMA), REPRESENTED BY ITS MANAGING DIRECTOR, HEAD OFFICE, EDAPPALLY, KOCHI-682024. 2. SREE SANKARACHARYA UNIVERSITY OF SANSKRIT, REPRESENTED BY ITS REGISTRAR, KALADY P.O ERNAKULAM DISTRICT. 3. VICE CHANCELLOR, SREE SANKARACHARYA UNIVERSITY OF SANKRIT, KALADY P.O., ERNAKULAM DISTRICT. 4. DR. S.PREMJITH, REGISTRAR, SREE SANKARACHARYA UNIVERSITY OF SANSKRIT, KALADY P.O., ERNAKULAM DISTRICT. ADDL. R5 ARE IMPLEADED. 5. JINCE PAUL, S/O. PAULOSE, AGED 36 YEARS, TRISTAR BAKERS, KALADY, ERNAKULAM 683 574. ADDL. R5 IS IMPLEADED AS ADDL. R5 VIDE ORDER IN IA. 8092/2006 DT. 16.6.06. MR.B.S.KRISHNAN, SENIOR ADVOCATE FOR R1 TO R4 BY ADV. MR.K.ANAND, SC, SANSKRIT UTY. FOR R2 TO 4 SMT.LATHA KRISHNAN,SC,SANSKRIT UTY. FOR R2 TO 4 MR.TOM K.THOMAS FOR ADDL.R5 MR.JAWAHAR JOSE FOR ADDL.R6 & 7 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.RAMACHANDRA MENON, J. ====================== W.P.(C) No.13890 of 2006(C) ====================== Dated, this the 23rd day of March, 2009 J U D G M E N T The petitioner applied for agency for running a Milma Booth in the premises of the second respondent University, which was granted by first and second respondents ('Milma' and the 'University' respectively) as borne by Exhibits P1 to P3, which led to Exhibit P4 agreement executed between the petitioner and the second respondent University. The petitioner approached this Court by filing this writ petition apprehending action stated as being taken by the second respondent intending to prevent him from conducting the Milma booth in the premises of the University and against granting permission/lease in favour of any other person. 2. It is seen that this Court had passed an interim order of stay on 29-05-2006, on the basis of which the petitioner was enjoying the fruits of the Agency. In the course of the above proceedings, another person claiming W.P.(C) No. 13890/2006 -:2:- to be an agent of Milma and seeking to have opportunity to run the booth in the University premises got impleaded himself as the additional fifth respondent. The petitioner has got a case that the retraction sought to be made by the University is with intent to extend undue favour to the additional fifth respondent. 3. It is brought to the notice of this Court, during the course of hearing, that the additional fifth respondent is no more, as submitted by the learned counsel for the first respondent-based on the instructions stated as received from the said respondent. Separate counter affidavits have been filed by first and second respondents. The second respondent University has made it clear that they have no objection in the petitioner's continuing to run the Milma booth in the premises of the University as reflected from the letter No.710/Est./SSUS/05 dated 31.5.2006. Similarly, the first respondent has also issued 'No Objection Certificate' vide their letter dated 11-5-2006 in supercession to their W.P.(C) No. 13890/2006 -:3:- earlier orders, which fact has been taken note of by this Court while modifying the interim order dated 31-7-2006 and restoring the interim order dated 29-5-2006 as per the order dated 8-8-2006 in I.A.No.10886 of 2006. It is conceded by both the sides that the petitioner is still running the Milma booth on the basis of the Agency given by the first respondent 'Milma' in the premises of the second respondent University. In the above circumstances, nothing survives further to be considered in this writ petition and the same is closed accordingly. Sd/- P.R.RAMACHANDRA MENON, JUDGE. skr // True copy // P.A. to Judge.