DHANYA N NAMPOOTHIRI Vs. SREEKANTH K

JUDGEMENT

(1.) The appeals, obviously are filed to cure a defect which was noticed by another Division Bench, with respect to yet another appeal [W.A.No.1711 of 2015] from the common judgment in three writ petitions; which led to that appeals dismissal. It is submitted by the learned Senior Counsel appearing for the appellants in W.A.No.2458 of 2016 that there are two Special Leave Petitions filed before the Hon'ble Supreme Court, from the judgment of the Division Bench in W.A.No.1711 of 2015 and the order in R.P.No.1102 of 2016 in W.A.No.1711 of 2015. It is also submitted that notice had been issued by the Hon'ble Supreme Court in the said cases. We, hence, adjourned the matter time and again, since it was submitted before us that the Hon'ble Supreme Court has posted the case for hearing finally. Today the learned Senior Counsel appearing for the appellants submit that though the case was posted on 02.11.2018 in the website, it was not listed before the Hon'ble Supreme Court. In such circumstances, we feel that the Writ Appeals need not be kept pending; especially since another appeal from the very same judgment has been dismissed; from which, though there is a challenge, no interim orders are issued.

(2.) The brief facts are to be found from the common impugned judgment passed in the three writ petitions. We shall refer to the name of the parties in the judgment. One Binu Jose filed W.P.(C) No.25716 of 2012, seeking a direction to the respondent-Panchayat to effect change of ownership of building No.K.P.XII-138 in the Building Tax Assessment Register. The change of ownership was sought in the name of the firm said to have been constituted with G.Sudarsanan Pillai, Binu Jose and 11 others. Among the 11 other partners, Lazar Chakola is said to be the Managing Partner.

(3.) W.P.(C) No.18343 of 2013 by Binu Jose, challenged the cancellation of an FL-3 Licence in the name of G.Sudarsanan Pillai. A revision filed before the Government against the cancellation had also been dismissed; which too was challenged. It was also prayed in the said writ petition that there was a request made to the Excise Commissioner to regularise the transfer of FL-3 Licence in the name of the partnership firm constituted; which has to be directed after setting aside the cancellation. Binu Jose has filed W.A.No.2412 of 2016. The other 11 partners have filed W.A.No.2458 of 2016. The two appeals are against the judgment in W.P.(C) No.18343 of 2013. W.P(C) No.25716 of 2012 was dismissed, against which no appeal is filed even now.