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2025 Supreme(Online)(Ker) 53062

IN THE HIGH COURT OF KERALA AT ERNAKULAM
S. MANU, J
T. MUHAMMED MUSTHAFA – Appellant
Versus
PERINTHALMANNA MUNICIPALITY – Respondent


Advocates:
For the Appellants/Petitioners: SHRI.ASIF, SMT.BINDU SREEDHAR
For the Respondents: SRI.P.C.SASIDHARAN - SC

S.MANU, J.

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A.R.No.187 of 2025 -------------------------------------------

Dated this the 26th day of November, 2025

ORDER

In 2003, the respondent – Municipality invited tender for purchase of land to construct a new bus stand. The petitioner offered to provide 1.35 acres of land free of cost and also agreed to construct a bus stand with parking facility for 40 buses and to hand it over to the Municipality. Annexure A1 is a copy of the agreement executed between the petitioner and the respondent on 21.02.2005. Later, on 06.02.2006 a gift deed was also executed by the petitioner.

A copy of the gift deed is produced as Annexure A2.

2. According to the petitioner, the Municipality violated the terms of Annexure A1 agreement and decided to use the bus stand building constructed and gifted by the petitioner for conducting a food and fun park. The petitioner filed W.P(C)No.18950 of 2025 before this Court aggrieved by the action taken by the Municipality. It was later withdrawn on 27.05.2025.

3. The petitioner approached Sub Court, Manjeri, in M.A. (Arb.)No.84 of 2025 under Section 9 of the Arbitration and Conciliation Act , as Annexure A1 agreement con

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