Kerala High Court
Mohanakumaran Nair.A vs State Of Kerala on 3 July, 2025
Author: C.S.Dias
Bench: C.S.Dias
WP(C) NO. 28233 OF 2024 1 2025:KER:48643
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
THURSDAY, THE 3RD DAY OF JULY 2025 / 12TH ASHADHA, 1947
WP(C) NO. 28233 OF 2024
PETITIONER:
MOHANAKUMARAN NAIR.A,
AGED 59 YEARS
S/O. APPUKUTTAN PILLAI, PANAYIL PUTHEN VEEDU,
KOITHOORKONAM (P.O), THIRUVANANTHAPURAM DISTRICT,
PIN - 695584
BY ADV SRI.NIREESH MATHEW
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY THE SECRETARY TO GOVERNMENT, PUBLIC
WORKS DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 THE DISTRICT PANCHAYATH,
REPRESENTED BY ITS SECRETARY, DISTRICT PANCHAYATH,
PATTOM, THIRUVANANTHAPURAM, PIN - 695004
3 THE EXECUTIVE ENGINEER,
LID EW DIVISION, DISTRICT PANCHAYATH, PATTOM,
THIRUVANANTHAPURAM, PIN - 695004
4 THE ASSISTANT EXECUTIVE ENGINEER,
LSGD SUB DIVISION, POTHENCODE, KAZHAKUTTOM,
THIRUVANANTHAPURAM, PIN - 695584
BY ADV SHRI.THOMAS ABRAHAM, SC, THIRUVANANTHAPURAM
DISTRICT PANCHAYAT
WP(C) NO. 28233 OF 2024 2 2025:KER:48643
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 03.07.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 28233 OF 2024 3 2025:KER:48643
C.S.DIAS, J.
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WP(C) NO. 28233 OF 2024
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Dated this the 3rd day of July , 2025
JUDGMENT
The writ petition is filed to quash Ext.P5 show cause notice issued by the 3rd respondent and direct him to consider Ext.P6 representation, and finalize the proceedings leading to Ext. P5.
2. The petitioner had entered into Ext.P2 agreement with the 4th respondent to maintain a road within the Azhoor Grama Panchayat. The petitioner successfully completed the work and submitted Ext.P3 final bill for Rs.18,10,249/-, and the 4th respondent had issued Ext.P4 completion certificate. At this juncture, the 3rd respondent had issued Ext.P5 communication to the petitioner, to show cause why the criminal proceedings shall not be initiated against him on the allegation that the two term deposits WP(C) NO. 28233 OF 2024 4 2025:KER:48643 produced by him towards security for the contract, were fabricated documents. Although the petitioner had submitted Ext.P6 representation to Ext.P5 communication before the 3rd respondent on 19.03.2021, the same has not been considered till date. The inaction on the part of the respondents is arbitrary. Hence, the writ petition.
3. In the statement filed by the learned Standing Counsel for the 2nd respondent it is stated that, the 3rd respondent was instructed by the Chief Technical Examiner (Finance) to verify the term deposits produced by the petitioner as security for the contract. The Federal Bank has stated that the term deposits are not genuine documents. Consequently, a complaint was filed by the 3rd respondent before the Station House Officer, Medical College Police Station, Thiruvananthapuram, and a WP(C) NO. 28233 OF 2024 5 2025:KER:48643 crime was registered, which is now pending consideration before the jurisdictional Magistrate. On 18.02.2021, the District Panchayat Committee discussed the matter and after getting the opinion of respondents 3 and 4, resolved to continue the legal proceedings against the petitioner and withhold the bill payment. After that, a letter was issued to the petitioner and he has submitted a reply. The committee resolved to process the bill only after the legal proceedings are completed. Therefore, the writ petition may be dismissed.
4. The 3rd respondent has filed a counter affidavit, inter alia, stating that, the District Panchayat Committee in its meeting held on 18.02.2021 has taken Ext.R3(c) decision to defer the payment till a legal opinion is received. Subsequently, by R3(d) decision, the committee has stopped the payment to the WP(C) NO. 28233 OF 2024 6 2025:KER:48643 petitioner. It was in the above circumstances that Ext.P5 communication was issued to the petitioner.
5. Heard; the learned counsel for the petitioner, the learned Senior Government Pleader and the learned Standing Counsel appearing for the 2nd respondent.
6. On a consideration of the facts and the materials on record, especially that Ext.P5 is a show cause notice, and the petitioner has submitted Ext.P6 representation to the 3rd respondent on 19.03.2021, but the proceedings have not been finalized and further that the petitioner has successfully completed the contract as evidenced by Ext.P4 completion certificate, I am of the view that the 2 nd respondent has to finalize the proceedings pursuant to Ext.P5 show cause notice after considering Ext.P6 representation, in accordance with law. WP(C) NO. 28233 OF 2024 7 2025:KER:48643 Accordingly, I dispose of the writ petition, by directing the 2nd respondent to finalize the proceedings pursuant to Ext.P5 notice, after adverting to Ext.P6 representation, in accordance with law and as expeditiously as possible, at any rate, within 60 days from the date of production of a copy the judgment, after affording the petitioner an opportunity of being heard.
The writ petition is ordered accordingly.
Sd/-
C.S.DIAS, JUDGE SCB.03.07.25.
WP(C) NO. 28233 OF 2024 8 2025:KER:48643 APPENDIX OF WP(C) 28233/2024 PETITIONER EXHIBITS Exhibit P1 TRUE PHOTO COPY OF THE REGISTRATION CERTIFICATE OF THE PETITIONER Exhibit P2 TRUE PHOTO COPY OF THE AGREEMENT DATED 28.11.2019 Exhibit P3 TRUE COPY OF THE FINAL BILL SUBMITTED BY THE PETITIONER BEFORE THE 5TH RESPONDENT Exhibit P4 TRUE COPY OF THE COMPLETION CERTIFICATE ISSUED BY THE 5TH RESPONDENT Exhibit P5 TRUE COPY OF THE COMMUNICATION DATED 09.03.2021 ISSUED BY THE 3RD RESPONDENT Exhibit P6 TRUE COPY OF THE REPRESENTATION DATED 19.03.2021 SUBMITTED BEFORE THE 3RD RESPONDENT.
RESPONDENT EXHIBITS Exhibit R3 (a) A true copy of the letter issued by the senior manager of Federal Bank,Pothankodu Branch dated 31.12.2020 Exhibit R3(b) A true copy of the letter issued by the SHO,Medical College Police station dated 21.12.2023 Exhibit R3(c) A true copy of the comittee decision No.5(2) taken on 18.02.2021 Exhibit R3(d) A true copy of the resolution taken on 27.03.201 as decision No. 1(3)