IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 7TH DAY OF JULY 2022 / 16TH ASHADHA, 1944
WP(C) NO. 364 OF 2022
PETITIONER:
MUKESH M.A.
AGED 34 YEARS
S/O.MUKESH, VILAYIL PUTHENVEEDU, THAZHUTHALA, KOTTIYAM,
KOLLAM - 691 571.
BY ADV P.SIVARAJ
RESPONDENTS:
1 THE DEPUTY TAHSILDAR (REVENUE RECOVERY)
KOLLAM TALUK, KOLLAM DISTRICT, PIN - 690 001.
2 KOLLOAM CORPORATION
REPRESENTED BY ITS SECRETARY, CORPORATION OFFICE,
KOLLAM - 690 001.
3 SECRETARY
KOLLOAM CORPORATION, CORPORATION OFFICE,
KOLLAM - 690 001.
BY ADV SRI.M.K.CHANDRA MOHAN DAS, SC
SMT.DEEPA NARAYANAN, SENIOR GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.07.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 364 OF 2022
2
P.V.KUNHIKRISHNAN, J.
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W.P.(C).No. 364 of 2022
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Dated this the 07th day of July, 2022
JUDGMENT
The above writ petition is filed with the following prayers:
"(i) To issue a writ of certiorari or any other appropriate writ, order or direction, calling for records leading to Ext.P1 and quash the same;
(ii) To issue a writ of mandamus or any other appropriate writ, order or direction, commanding and compelling the 3 rd Respondent consider and pass orders on Ext.P2, pending before it, within a stipulated period of time;
(iii) Issue such other writ, order or direction, as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case;
(iv) Award costs to the Petitioner from the Respondents."[SIC]
2. The petitioner is a disabled unemployed youth aged 34 years. In the year 2019, the petitioner bid in an auction for the right to cremate dead bodies WP(C) NO. 364 OF 2022 3 in the crematorium for the period from 2019 April 1 st to 2020 March 31st at Akoline owned by the 1st respondent Corporation. At the time of auction, the construction work of the crematorium was under progress and it was expected completion before April 2019. But the construction was not completed as expected by the authorities and therefore, the functioning of the crematorium started only on 26.06.2019. Hence, it is the case of the petitioner that there is monitory loss to the petitioner. Apart from that, it is also contended that the 1st day itself the furnace in the crematorium got damaged due to electrical defect. Even though the petitioner requested several times, the repair work was not carried out.
Now the petitioner is requested to pay an exorbitant amount of Rs.96,259/- as per Ext.P1 demand notice. Aggrieved by the same, the petitioner submitted Ext.P2 representation. Without considering Ext.P2, the Corporation is proceeding with Ext.P1 demand notice, WP(C) NO. 364 OF 2022 4 is the contention of the petitioner.
3. Heard counsel appearing for the petitioner and the Standing counsel appearing for respondents 2 and 3. I also heard the learned Government Pleader who appeared for the 1st respondent.
4. The main grievance of the petitioner is that, without considering Ext.P2 representation, the demand based on Ext.P1 is continuing by the respondents. The petitioner has got a grievance that the crematorium was not functioning during most of the agreement period. These are matterS to be considered by the Corporation. Admittedly, Ext.P2 is pending before the Corporation. If that is the case, there can be a direction to the 3rd respondent to consider Ext.P2 and pass appropriate orders in it. Till final orders are passed all further proceedings consequent to Ext.P1 can be kept in abeyance.
Therefore, this writ petition is disposed of in the following manner:
WP(C) NO. 364 OF 2022 5 i. There will be a direction to the 3 rd respondent to consider and pass appropriate orders in Ext.P2, as expeditiously as possible, at any rate, within a period of one month from the date of receipt of a copy of this judgment.
ii. Till final orders are passed in Ext.P2, all further proceedings consequent to Ext.P1 are deferred.
Sd/-
P.V.KUNHIKRISHNAN
DM JUDGE
WP(C) NO. 364 OF 2022
6
APPENDIX OF WP(C) 364/2022
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF DEMAND NOTICE DATED
29/01/2021 ISSUED BY THE 1ST
RESPONDENT TO THE PETITIONER.
EXHIBIT P2 TRUE COPY OF REPRESENTATION DATED
19/10/2021 SUBMITTED BY THE
PETITIONER BEFORE THE 3RD
RESPONDENT.
RESPONDENT'S EXHIBITS: NIL
//TRUE COPY//
PA TO JUDGE