The court ruled that petitioners lacked standing to challenge an inter-party communication and found no violation of their rights under Article 19(1)(g) due to the absence of privity of contract.

JUDGMENT

Dated this the 30 th day of October, 2024 The writ petition is preferred challenging Ext.P6 order, whereby, the 3rd respondent directed the 4th respondent to vacate the registered office of M/s.Jatayupara Tourism Private Limited and another.

2. It is apposite to extract 'ground P' of this Writ Petition which reads :

“P. The apprehension of the Petitioners is foreseeable and not too remote. Their hands and legs are tied now. They cannot make any legitimate remedial measures to prove their legal entitlement to operate, run, administer and manage the Jatayupara Tourism Project. Hence the Petitioners approached this Hon'ble Court, so that no action affecting the Agreement dated 23.09.2015, between Petitioner No.1 and the Respondent No.4 is made by the Respondents, till such time, when the life is back to normal OR till a finality in the ARB.Appeal No.61/2020, pending on the files of the Hon'ble District Court, Kollam, and that during this period, let the parties continue to perform such of their respective obligations under the Exhibit P2 Agreement, ensuring continued availability of the project to the users.”

3. The prayers sought for in this writ petition are as follows:

“i. Declare that Exhibit P6 Communication is illegal, irrational and without authority in view of the pendency of CMA(Arb.) vide ARB APL No.61/2020, pending on the files of the Hon'ble District Court, Kollam and the 'lock down' declared in the Country and is liable to be set aside.

ii. Declare that the act of Respondent No.3, is in gross denial of even the minimum principles of Natural Justice and violative of Article 19(1)(g) of the Constitution of India , in the given circumstances of 'lock down' declared in the country.

iii. Call for the records leading to Exhibit P6 Communication issued by the Respondent No.3 and quash the same by way of issuance of a writ of certiorari. iv. Issue a writ in the nature of Mandamus or any other appropriate writ, direction or order commanding the respondent State not to initiate any actions, affecting the legal rights of the petitioners, till such time, when the life is back to normal OR till a finality is made in ARB APL No.61/2020, pending on the files of the Hon'ble District Court, Kollam.

v. Declare that the Exhibit P3, Unilateral Termination Notice is illegal, as it is ultravires the Exhibit P1 Concession Agreement and violates the terms and conditions set down in Exhibit P2 O & M Agreement and set aside the same.

vi. Pass any other order or directions as this Hon'ble Court may deem fit and proper in the interest of justice, equity and good conscience.”

4. The petitioner preferred this writ petition on the apprehension that Ext.P6 communication would have indirect consequences for the petitioners, affecting their rights under the Arbitration agreement or their ability to access the registered office. The decision of the 3rd respondent also violates the principles of natural justice and it affects the right of the petitioners under Article 19(1)(g) of the Constitution of India .

5. Heard the learned counsel on both sides in detail.

6. The main prayer sought for in this writ petition is to declare Ext.P6 communication as illegal in view of the pendency of CMA (Arb.) vide ARB APL No.61/2020 pending before the Court below. The learned counsel for the petitioners himself admitted that as per Ext.P19 a decision is rendered by the learned Arbitrator appointed by this Court. Moreover Ext.P6 is a communication given by the 3rd respondent to the 4th respondent, in which the petitioner has no role to seek a prayer to declare the said communication is illegal, as it is an inter-party communication between respondents 3 and 4. The said prayer is no more available.

7. Likewise, the 2nd prayer is to declare the act of the 3rd respondent as violative of principles of natural justice and violative of Article 19(1)(g) of the Constitution. As of now, the circumstance which is mentioned in the prayer, i.e., Lock-down, is no more available. Moreo