IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 27TH DAY OF JULY 2022 / 5TH SRAVANA, 1944
WP(C) NO. 7547 OF 2022
PETITIONER/S:
MYBUS UNITED SERVICES LLP
REGISTRATION NO LLP IN AAD 1184, ROOM NO 234,
KTM COMPLEX, CHANGANACHERRY, REPRESENTED BY ITS
DESIGNATED PARTNER MR.SONY KURIAN, AGED 60
YEARS. S/O KURIAN, PULLANKULAM HOUSE, PLOT NO
38, KSHB COLONY, CHANGANACHERRY, KOTTAYAM-686
101
BY ADVS.
JINU JOSEPH
P.K.MOHAMED JAMEEL
ANU PHILIPOSE
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY, LOCAL SELF
GOVERNMENT DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM-695 001
2 DIRECTOR OF PANCHAYATS,
PANCHAYAT DIRECTORATE, PUBLIC OFFICE BUILDING,
LMS, VELLAYAMBALAM ROAD, PALAYAM,
THIRUVANANTHAPURAM-695 033.
3 DEPUTY IDRECTOR OF PANCHAYAT,
CIVIL STATION, COLLECTORATE P.O.
KOTTAYAM-686 002
4 CHIRAKADAVU GRAMA PANCHAYAT,
PONKUNNAM P.O.KOTTAYAM-686 506,
REPRESENTED BY ITS SECRETARY
5 THE SECRETARY,
CHIRAKADAVU GRAMA PANCHAYAT, PONKUNNAM
P.O.KOTTAYAM-686 506.
BY ADVS.
MATHEW JOHN (K)
ABY J AUGUSTINE
-2-
W.P.(C). No. 7547 of 2022
OTHER PRESENT:
SRI. JIBU T.S., GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 27.07.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
-3-
W.P.(C). No. 7547 of 2022
P.V.KUNHIKRISHNAN, J.
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W.P.(C) No. 7547 of 2022
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Dated this the 27th day of July, 2022
JUDGMENT
The above writ petition is filed with following prayers: "(i) Issue appropriate writ or order and set aside Exhibit P-3 demand notice and P-6 reminder demand notice of the 5th respondent and all recovery proceedings pursuant to the same.
(ii) Issue a writ of mandamus or such other writ, order or direction commanding the 1st respondent to take a decision on the pending approval of remission granted to the petitioner by the 4th respondent within such time frame as may be fixed by this Hon'ble Court,
(iii) Such other writ or order or direction as this Hon'ble Court may deem fit and proper in the circumstances of the case and in the interest of justice." (sic)
2. The petitioner is the successful bidder for the tender for collecting fees from private bus operators using the services of Ponkunnam Bus stand for the financial year 2020-21, -4- W.P.(C). No. 7547 of 2022 conducted the 4th respondent for a total amount of Rs.5,66,100/-. The amount was allowed to be remitted in installments and hence the first installment payment of Rs.2,50,000/- was paid in advance. Due to national lockdowns of 2020 and subsequent restrictions, the collections were badly affected. Hence petitioner submitted a request to the 4 th respondent for remission of the fees as per the Kerala Panchayat Raj (Granting of remission to contractors and lessees) Rules 1998 for the period 2020-21. The panchayat council vide Ext P1 decided to allow remission and sent the same for approval from the 1st respondent as per rule 5(4). The approval is awaited. Thereafter the petitioner was served with Ext P3 demanding the entire contract amount within 15 days without considering the pendency of approval from the 1st respondent. The petitioner's request to await the approval was not considered. The petitioner submitted Ext.P4 request for considering remission for the -5- W.P.(C). No. 7547 of 2022 omitted period is also pending. Hence, this writ petition is filed.
3. Heard the counsel for the petitioner and the Standing Counsel appearing for the 4th respondent Panchayat. I also heard the Government Pleader.
4. The counsel for the petitioner reiterated his contentions in the writ petition. The counsel for the 4 th respondent submitted that the Panchayat already passed Ext.P1 resolution and the decision from the 1 st respondent is awaited. But the counsel for the petitioner submitted that in the light of Ext.P8 Government Order, the Panchayat can decide the matter, without any prior approval from the Government. If that be so, there can be a direction to the Panchayat to consider Ext.P4 and pass appropriate orders, in accordance to law. -6- W.P.(C). No. 7547 of 2022 Therefore, this writ petition is disposed of with the following directions:
1. The 4th respondent is directed to consider Ext.P4 in the light of Ext.P8 Government Order, and pass appropriate orders in it, after giving an opportunity of hearing to the petitioner, as expeditiously as possible, at any rate, within one month from the date of receipt of a copy of this judgment.
2. If any remission is allowed, the amount already deposited as directed by this Court, will be adjusted.
sd/-
P.V.KUNHIKRISHNAN JUDGE das -7- W.P.(C). No. 7547 of 2022 APPENDIX OF WP(C) 7547/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE DECISION TAKEN IN THE MEETING OF THE PANCHAYAT DATED 11.9.2020 Exhibit P2 TRUE COPY OF THE REPRESENTATION MADE TO THE 3RD RESPONDENT DATED 17.1.2021 Exhibit P3 TRUE COPY OF THE DEMAND NOTICE DATED 28.12.2021 ISSUED BY THE 5TH RESPONDENT Exhibit P4 TRUE COPY OF THE REPLY GIVEN BY THE PETITIONER DATED 2.2.2022 Exhibit P5 TRUE COPY OF THE REMINDER NOTICE DATED 28.2.2022 OF THE 5TH RESPONDENT Exhibit P6 TRUE COPY OF KERALA PANCHAYAT RAJ (GRANTING OF REMISSION TO CONTRACTORS AND LESSESS) RULES 1998 Exhibit P7 TRUE COPY OF THE INTERIM ORDER IN WPC NO 16211/2021 DATED 12.8.2021 Exhibit P8 TRUE COPY OF THE GO(ORDINARY) NO.1410/2021/LSGD DATED 27-07-2021 RESPONDENT EXHIBITS exhibit R4(a) True copy of the said resolution is produced herewith and may be marked as Exhibit.R4(a)