Prasannakumar vs State Of Kerala
2021 Latest Caselaw 3331 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM

                              PRESENT

     THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR

    FRIDAY, THE 29TH DAY OF JANUARY 2021 / 9TH MAGHA, 1942

                     WP(C).No.2391 OF 2021(Y)


PETITIONER:

               PRASANNAKUMAR
               AGED 54 YEARS
               S/O. NARAYAN PILLAI, KUNNIKUZHIYIL HOUSE, MANGARAM
               PANDALAM, PATHANAMTHITTA DISTRICT-689 501.

               BY ADVS.
               SRI.ARUN.B.VARGHESE
               SMT. AISWARYA V.S.

RESPONDENTS:

      1        STATE OF KERALA
               REPRESENTED BY ITS SECRETARY, LOCAL SELF
               GOVERNMENT DEPARTMENT, GOVERNMENT SECRETARIAT,
               THIRUVANANTHAPURAM-695 001.

      2        PANDALAM MUNICIPALITY
               REPRESENTED BY ITS SECRETARY, OFFICE OF THE
               PANDALAM MUNICIPALITY, PANDALAM P.O.,
               PATHANAMTHITTA DISTRICT-689 501.

      3        THE MUNICIPAL COUNCIL
               PANDALAM MUNICIPALITY, OFFICE OF THE PANDALAM
               MUNICIPALITY, PANDALAM P.O., PATHANAMTHITTA
               DISTRICT-689 501.


          BY GOVERNMENT PLEADER SRI.PAUL ABRAHAM VAKKANAL(R1),
          BY ADV.SRI.K.R RADHAKRISHNAN NAIR,SC

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 29.01.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 W.P(C).No.2391 of 2021                 2




                              JUDGMENT

The petitioner, who is faced with Exts.P11 and P12 demand notices

for arrears of fees for the conduct of a bus stand and a market for the

respondent Municipality, has preferred Exts.P4 to P7 representations

before the 2nd respondent seeking a waiver of the said charges taking

note of the pandemic situation that prevailed in the State. In the Writ

Petition, it is his case that the 2 nd respondent has since taken up the

matter to the 1st respondent and the decision of the 1 st respondent is

awaited. In the Writ Petition, he is aggrieved by the steps now stated to

have been initiated for recovery of the amounts demanded in Exts.P11

and P12 demand notices even while the respondents have not taken a

decision on the representations preferred by the petitioner.

2. I have heard the learned counsel for the petitioner, the learned

Government Pleader for the 1st respondent and the learned Standing

counsel for the respondents 2 and 3.

On a consideration of the facts and circumstances of the case and

the submissions made across the Bar, I dispose the writ petition with a

direction to the 2nd respondent to consider Exts.P4 to P7 representations

and take a decision therein in consultation with the 1 st respondent within

eight weeks from the date of receipt of a copy of this judgment, after

hearing the petitioner. It is made clear that till such time as orders are

passed by the 2nd respondent as directed and the order communicated to

the petitioner recovery steps for recovery of amounts demanded under

Exts.P11 and P12 demand notices shall be kept in abeyance. The

petitioner shall produce a copy of the writ petition together with a copy

of the judgment before the 2nd respondent for further action.

Sd/-

A.K.JAYASANKARAN NAMBIAR JUDGE

mns/29.01.2021

APPENDIX

PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF ORDER BEARING NO:R3-75/2020 DATED 8.4.2020 ISSUED BY THE 2ND RESPONDENT.

EXHIBIT P2 TRUE COPY OF ORDER BEARING NO:R3-171/2019 DATED 8.2.2020 ISSUED BY THE 2ND RESPONDENT.

EXHIBIT P3               TRUE   COPY    OF   REPRESENTATION  DATED
                         29.4.2020    SUBMITTED    BY    THE  WRIT

PETITIONER BEFORE THE SECRETARY OF THE 2ND RESPONDENT AND ITS RECEIPT ISSUED BY THE 2ND RESPONDENT.

EXHIBIT P4               TRUE   COPY   OF   REPRESENTATION  DATED
                         30.10.2020   SUBMITTED   BY    THE  WRIT

PETITIONER BEFORE THE SECRETARY OF THE 2ND RESPONDENT.

EXHIBIT P5               TRUE   COPY   OF   REPRESENTATION  DATED
                         30.10.2020   SUBMITTED   BY    THE  WRIT

PETITIONER BEFORE THE SECRETARY OF THE 2ND RESPONDENT.

EXHIBIT P6               TRUE   COPY   OF   REPRESENTATION    DATED
                         30.10.2020   SUBMITTED    BY   THE    WRIT

PETITIONER BEFORE THE 3RD RESPONDENT.

EXHIBIT P7               TRUE   COPY   OF   REPRESENTATION    DATED
                         30.10.2020   SUBMITTED    BY   THE    WRIT

PETITIONER BEFORE THE 3RD RESPONDENT.

EXHIBIT P8 TRUE COPY OF THE RECEIPTS ISSUED BY THE 2ND RESPONDENT FOR ACCEPTING EXHIBIT P4,P5,P6 AND P7.

EXHIBIT P9 TRUE COY OF COMMUNICATION NO.R3-75/2020 DATED 13.1.2021 ISSUED BY THE 2ND RESPONDENT TO THE WRIT PETITIONER.

EXHIBIT P10 TRUE COPY OF COMMUNICATION NO:R3-75/2020

DATED 13.1.2021 ISSUED BY THE 2ND RESPONDENT TO THE WRIT PETITIONER.

EXHIBIT P11 TRUE COPY OF ORDER NO.R3-75/2020 DATED 11.1.2020 ISSUED BY THE 2ND RESPONDENT TO THE WRIT PETITIONER.

EXHIBIT P12 TRUE COPY OF ORDER NO.R3-75/2020 DATED 11.1.2021 ISSUED BY THE 2ND RESPONDENT TO THE WRIT PETITIONER.

RESPONDENTS EXHIBITS:NIL

//TRUE COPY//

P.A TO JUDGE