High CourtsSingle Bench(2021) 06 KL CK 0408

Vijayakumar V.G vs State Of Kerala

High Court Of Kerala · Decided on 28 June 2021

HON’BLE JUDGES
T.R.Ravi, J
RESULT
Disposed Of
CASE NUMBER
Writ Petition (C) No.1676 Of 2015

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Judgment

11 paragraphs · 216 words

T.R.Ravi, J

1.

The writ petition has been filed challenging the termination of functioning of the Akshaya Centre allotted to the petitioner. According to the

petitioner, the termination was illegal. The writ petition was filed in 2015. The petitioner was granted permission for running the Akshaya Centre for a

period of 3 years, which is already over. The only grievance that remains is a settlement of any monetary disputes that had arisen on the basis of the

appointment of the petitioner to run the Akshaya Centre and his termination which is alleged to be illegal.

2.

The learned Government Pleader submits that the agreement provides for an arbitration and the petitioner may raise his disputes before the

Arbitrator. Since the issue that is now pending is only related to the monetary aspects, there is no scope for granting a remedy under Article 226 of the

Constitution of India.

In the above circumstances, this writ petition is disposed of permitting the petitioner to approach the sole Arbitrator identified in Ext.P5 agreement for

settlement of his disputes. The period during which the case was pending before this Court shall be eschewed and the Arbitrator shall proceed as if

there is no delay in approaching the Arbitrator. Necessary claim petition shall be filed before the Arbitrator within 3 weeks.