CORPORATION OF KOCHI Vs. ELAMKULAM VILLAGE CO OPERATIVE SOCIETY LTD
LAWS(SC)-2006-8-108
SUPREME COURT OF INDIA (FROM: KERALA)
Decided on August 29,2006

CORPORATION OF KOCHI Appellant
VERSUS
ELAMKULAM VILLAGE CO-OPERATIVE SOCIETY LTD. Respondents

JUDGEMENT

Arijit Pasayat, J. - (1.)These appeals relate to a common order passed by a Division Bench of the Kerala High Court. While CA Nos. 4982 of 2000 and 4983 of 2000 have been filed by the Corporation of Kochi (hereinafter referred to as the Corporation), the other appeal has been filed by Greater Cochin Development Authority (in short the Development Authority). By the impugned judgment the High Court held that the decision of the Corporation rejecting the application for renewal of licence made by the respondent No.1 (hereinafter referred to as the Society) is not sustainable and the learned Single Judge who disposed of the writ petition should not have directed an appeal to be filed by the Society.
(2.)Background facts in a nutshell are as follows:- The Society represented by its Secretary is registered under the Kerala Co-operative Societies Act.
(3.)One of the objects of the Society is the conduct of a private market at Kadavantha. According to the society it owns 29 cents of land in Elamkulam Village facing Sahodaran Ayyappan road in Ernakulam. The society had constructed 42 shop rooms in the property and leased it out to its members and non-members, who had been conducting business of dealing with provisions, vegetables, meat, fish etc. The Society had been collecting licence fees from the occupants of the shop rooms.


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