IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 26TH DAY OF MAY 2022 / 5TH JYAISHTA, 1944
WP(C) NO. 35982 OF 2016
PETITIONER:
T.K.BOSE
AGED 63 YEARS
S/O. KANNUKUTTY, THURUTHIL HOUSE,
THELETHURUTHU, NORTH KUTHIATHODE,
NORTH PARAVOOR.
BY ADVS.
SRI.ANTONY SHYJU
SRI.ABHIJETT LESSLI
SRI.AJITH GEORGE
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE CHIEF SECRETARY,
GOVT.SECRETARIAT,
THIRUVANANTHAPURAM, PIN-695005.
2 THE GREATER COCHIN DEVELOPMENT AUTHORITY
REPRESENTED BY ITS SECRETARY,
KADAVANTHRA, KOCHI-682020.
BY ADVS.SMT.DEEPA NARAYANAN, SR.GOVERNMENT PLEADER
SRI.VIPIN P.VARGHESE, SC, GCDA
M.K.THANKAPPAN, SC, GCDA
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 26.05.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C).No.35982/2016
2
P.V.KUNHIKRISHNAN, J.
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W.P.(C).No.35982 of 2016
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Dated this the 26th day of May, 2022
JUDGMENT
This writ petition is filed with following prayers:
i. Issue a writ of certiorari and quash the Exhibit P-
5 arbitrary and illegal order that was passed by the 2nd respondent without proper application of mind.
ii. Issue a writ of mandamus directing the 2nd respondent to release accrued interest on the amount deposited by Late Omana to the petitioner consistent with the account statement maintained by them.
iii. Issue a writ of mandamus directing the 2nd respondent to pay an amount of Rs.10 lakhs as compensation for the concealment of the real facts from the petitioner as well as from his relatives.
iv. Issue a writ of mandamus or any other writ directing the 2nd respondent to produce the auction records relating to the reallottment of plot No.22 held on 1989.
W.P.(C).No.35982/2016 3 v. To issue any other writ or relief this Hon'ble court deem fit and proper in the circumstance of the case.
(SIC)
2. Petitioner is aggrieved by Ext.P5 order by which the petitioner is denied interest. Today, when this writ petition came up for consideration, the learned counsel for the petitioner submitted that he will be satisfied if a direction is given to the 2nd respondent to consider the question of interest and the petitioner is ready to submit a representation for the same. The learned Standing Counsel for the 2 nd respondent also submitted that if any representation is received, the same will be considered in accordance to law.
Therefore, this writ petition is disposed of in the following manner:
1. The petitioner is free to file a representation narrating his grievance to the 2nd respondent, within two weeks from the date of receipt of a copy of this judgment.
2. Once such a representation is received, the 2 nd respondent will consider the same and pass appropriate orders in it in accordance to law, W.P.(C).No.35982/2016 4 after giving an opportunity of hearing to the petitioner, as expeditiously as possible, at any rate, within two months from the date of receipt of the representation.
sd/-
P.V.KUNHIKRISHNAN JV JUDGE W.P.(C).No.35982/2016 5 APPENDIX OF WP(C) 35982/2016 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE REPLY DATED 1-10-2012 SENT TO THE RELATIVE OF THE PETITIONER BY THE 2ND RESPONDENT.
EXHIBIT P2 TRUE COPY OF THE JUDGMENT DATED 22-12-
2015 IN WPC NO.39260/2015.
EXHIBIT P3 TRUE COPY OF THE REPRESENTATION DATED 1-6-2016 SUBMITTED TO THE 2ND RESPONDENT BY THE PETITIONER.
EXHIBIT P4 TRUE COPY OF JUDGMENT DATED 31-8-2016 IN WPC 29020/2016.
EXHIBIT P5 TRUE COPY OF ORDER DATED 29-9-2016 ISSUED BY THE 2ND RESPONDENT.