P N SASIKUMAR, v. M/S. THEKKADY ROSE PARK,
Court: High Court of Kerala
Bench: HONOURABLE THE CHIEF JUSTICE MR. NITIN JAMDAR,HONOURABLE MR. JUSTICE S.MANU
Judgment date:
Case summary
High Court of Kerala judgment dated 2025-04-11. P N SASIKUMAR, v. M/S. THEKKADY ROSE PARK,. Read the judgment and case details on LawSphereX.
Judgment text
2025:KER:32304 WA NO. 729 OF 2025 -1- IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE THE CHIEF JUSTICE MR. NITIN JAMDAR & THE HONOURABLE MR. JUSTICE S. MANU TH FRIDAY, THE 11 DAY OF APRIL 2025 / 21ST CHAITHRA, 1947 WA NO. 729 OF 2025 AGAINST THE ORDER DATED 13. 03. 2025 IN WP(C) NO. 32354 OF 2024 OF HIGH COURT OF KERALA APPELLANT(S)4TH RESPONDENT: P N SASIKUMAR, AGED 57 YEARS S/O NARAYANAN, RESIDING AT TAS COTTAGE (PUTHANPURAYIL), KUMALI P O, IDUKKI DISTRICT, PIN - 685509 BY ADVS. ALEX XAVIER, SR. ADV. M. RISHIKESH SHENOY N. K. SUBRAMANIAN ANN MARY. V. I RESPONDENT(S)/PETITIONERS & RESPONDENTS 1 TO 3: 1 M/S. THEKKADY ROSE PARK, AN UNREGISTERED PARTNERSHIP FIRM HAVING ADDRESS AT ATTAPPALLOM, REPRESENTED BY ITS MANAGING PARTNER SUNNY MATHEW, AGED 68, S/O VARKEY MATHEW, 2025:KER:32304 WA NO. 729 OF 2025 -2- RESIDING AT VETTOONICKAL HOUSE, KUMALI P O, IDUKKI DISTRICT, PIN - 685509 2 SUNNY MATHEW, AGED 68 YEARS S/O VARKEY MATHEW, RESIDING AT VETTOONICKAL HOUSE, KUMALI P. O.
, IDUKKI DISTRICT, PIN - 685509 3 THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO THE GOVERNMENT, LOCAL SELF GOVERNMENT DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM P. O, THIRUVANANTHAPURAM DISTRICT, PIN - 695001 4 THE KUMALI GRAMA PANCHAYATH , REPRESENTED BY ITS SECRETARY, OFFICE OF THE KUMALI GRAMA PANCHAYATH, KUMALI P O, IDUKKI DISTRICT, PIN - 685509 5 THE SECRETARY, KUMALI GRAMA PANCHAYATH, KUMALI P O, IDUKKI DISTRICT, PIN - 685509 BY ADV Liji J Vadakkedom SRIKUMAR (CHELUR) VISHNU PREMKUMAR ATHUL V. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 11. 04. 2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:32304 WA NO. 729 OF 2025 -3- JUDGMENT th Dated this the 11 day of April 2025 NITIN JAMDAR, C. J. Heard Mr. Anil Xavier, learned Senior Advocate assisted by Mr. Rishikesh Shenoy, learned counsel appearing for the Appellant, Mr. Vishnu Premkumar representing Mr. G. Sreekumar (Chelur), learned counsel appearing for Respondent No. 1 and Mr. Athul V.
representing Mr. Liji J. Vadakedom, learned counsel appearing for Respondent Nos. 4 and 5. 2. The Appellant is aggrieved by the order dated 13 March 2025 in W. P. (C)No. 32354/2024 filed by Respondent Nos. 1 & 2 / Original Petitioners. By this order, the learned Single Judge revived the interim order and extended it for a period of three months. The interim order which was revived was passed on 12 September 2024, by which the learned Single Judge had directed the parties to maintain status quo. 3. According to the Appellant, since it was an ex parte interim order and the Appellant had filed an application for vacating the same upon which there was no order, the order of status quo stood vacated by virtue of operation of law. Upon this application, on 13 March 2025:KER:32304 WA NO. 729 OF 2025 -4- 2025, the learned Single Judge extended the order of status quo and adjourned the proceedings. 4.
Learned Senior Advocate for the Appellant submitted that the order of status quo passed in this Petition is being relied upon by the Original Petitioner in the arbitration proceedings pending between the Appellant and Respondent No. 2 / Original Petitioner in a dispute arising out of dissolution of partnership. 5. Both the orders, dated 12 September 2024 and 13 March 2025, do not give any reasons and therefore we are not guided by the impugned orders as to why the order of status quo was granted and its ambit. 6. However, the position that when the Court directs the parties to maintain status quo without any other indication it is in the context of the prayers in the writ petition. The prayers in the writ petition are to quash Exts. P13 and P16 stop memo issued by the local authority to stop the business. Second prayer is to direct the authorities to take up the application for renewal of licence.
These prayers sought by the Petitioner are primarily against the local authority to restrain it from taking action. Therefore, the order of status quo which is extended, will have to be construed only in that limited context. If the Petitioners seek any further modification / clarification to make the order of status quo 2025:KER:32304 WA NO. 729 OF 2025 -5-more specific or to have it expanded in scope, it is open to the Petitioners to apply to the learned Single Judge. 7. In light of this clarification as to the existent order of status quo, the writ appeal is disposed of accordingly. Sd/- NITIN JAMDAR CHIEF JUSTICE Sd/- S. MANU JUDGE uu 2025:KER:32304 -6- APPENDIX OF WA 729/2025 PETITIONER ANNEXURES TRUE COPY OF WP (C) NO. 32239 OF 2024 FILED ON 09-09-2024 TRUE COPY OF IA NO. 1/2024 IN WP(C) NO. 32354/2024 DATED 06/11/2024 A TRUE COPY OF THE STATUS DOWNLOADED FROM THE WEBSITE IN WP ( C ) 32354 OF 2024 TRUE COPY OF IA NO.
1/2025 IN WP (C) 32354 OF 2024 DATED 17/01/2025 TRUE COPY OF THE COMMON ORDER DATED 27/01/2025 IN AR 235 OF 2024 AND AR 19 OF 2025 OF THE HON’BLE HIGH COURT OF KERALA TRUE COPY OF THE MA (ARB) NO. 1/2024 DATED 19/11/2024 FILED BEFORE THE COMMERCIAL COURT, KATTAPANA BY THE APPELLANT TRUE COPY OF THE ORDER DATED 20/11/2024 IN IA NO. 2/2024 IN MA (ARB) NO. 1/2024 OF COMMERCIAL COURT, KATTAPPANA TRUE COPY OF CMA (ARB) NO. 2/2024 DATED 23/11/2024 FILED BEFORE THE COMMERCIAL APPELLATE COURT, THODUPUZHA CHALLENGING THE ORDER DATED 20/11/2024 IN IA NO. 2/2024 IN MA (ARB) NO. 1/2024 OF THE COMMERCIAL COURT, KATTAPPANA TRUE COPY OF THE DAILY STATUS DATED 23/11/2024 IN IA NO. 2/2024 IN CMA 2025:KER:32304 WA NO. 729 OF 2025 -7- (ARB) NO. 2/2024 OF THE COMMERCIAL APPELLATE COURT, THODUPUZHA Annexure A10 TRUE COPY OF THE COUNTER AFFIDAVIT DATED 09/12/2024 IN IA 2 OF 2024 IN CMA (ARB) NO. 2/2024 FILED BY THE APPELLANT BEFORE THE COMMERCIAL APPELLATE COURT, THODUPUZHA Annexure A11 TRUE COPY OF IA NO.
5/2024 IN IA NO. 2 OF 2024 IN CMA (ARB) NO. 2/2024 FILED BY THE APPELLANT BEFORE THE COMMERCIAL APPELLATE COURT FOR VACATING THE STAY ORDER Exhibit P9 TYPED COPY OF EXHIBIT P9 IN WPC 32354 OF 2024 - COPY OF THE RECEIPT ISSUED BY THE 3RD RESPONDENT DATED 22. 05. 2024
Source: Supreme Court eSCR. Dataset: Dattam Labs, CC BY 4.0. Text extracted automatically; compare with the source PDF for layout and accuracy.