Akhil P.V vs The Secretary
2021 Latest Caselaw 15813 Ker

                     IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                      PRESENT
                     THE HONOURABLE MR. JUSTICE SATHISH NINAN
         FRIDAY, THE 30TH DAY OF JULY 2021 / 8TH SRAVANA, 1943
                             WP(C) NO. 15061 OF 2021
PETITIONER:

              AKHIL P.V
              S/O SANTHOSH, AGED 37 YEARS, MANAGING DIRECTOR, M/S FAST
              LINE PROJECTS PVT. LTD. DELTA TOWER, THANA, KANNUR.

              BY ADVS.
              T.RAMESH BABU
              C.K.SREEJITH



RESPONDENTS:

     1        THE SECRETARY
              KANNUR, CORPORATION SPCA ROAD, THALAP, KANNUR - 670001.

     2        EXECUTING ENINEER LOCAL SELF GOVERNENT
              DEPARTMENT, KANNUR CORPORATION, SPCA ROAD, THALAP, KANNUR-
              670001.

* ADDL. R3

     3        THE SECRETARY, LOCAL SELF GOVERNMENT DEPARTMENT
              THIRUVANANTHAPURAM - 695001.

* [ADDL. RESPONDENT NO.3 IS IMPLEADED IN THIS WRIT PETITION AS PER
ORDERS OF THIS COURT ON 30.07.2021 IN IA 1/2021]

              SC, KNR, MUNICIPALITY


     THIS     WRIT    PETITION   (CIVIL)   HAVING   COME   UP   FOR   ADMISSION   ON
30.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                   SATHISH NINAN, J.
          ==================
              W. P. (C) No.15061 of 2021
          ==================
          Dated this the 30th day of July, 2021

                          JUDGMENT

Challenging the decision of the Kannur

Corporation council, terminating the petitioner's contract, for construction of new primary drains,

secondary drains, rejuvenation primary drains -

Kanampuzha and connecting works, at the risk and

costs of the petitioner, he has filed Ext.P8 appeal

before the additional third respondent in December

2020. Pending the appeal the petitioner is served

with Ext.P11 notice for recovery of amounts

consequent on the termination. The petitioner prays

that, pending disposal of the appeal recovery may

not be continued. I am of the opinion that the

request is only reasonable.

2. Without expressing anything on the merits,

the writ petition is disposed of directing the

additional third respondent to consider and pass

orders on Ext.P8 appeal after affording an

opportunity of hearing to the petitioner, within W. P. (C) No.15061 of 2021

three months from the date of receipt of a copy of

this judgment. Till then coercive proceedings

against the petitioner shall be put on hold.

Sd/-

SATHISH NINAN JUDGE

kns/-

//True Copy// P.S. to Judge WP(C) NO. 15061 OF 2021 APPENDIX PETITIONER'S EXTS:-

EXT.P1 THE TRUE COPY OF THE AGREEMENT DATED 02.03.19

EXT.P2 THE TRUE COPY OF THE LETTER NO.EE 1-18/18-19 THE SITE OF THE WORK WAS HANDED OVER TO THE PETITIONER ON 07.03.19.

EXT.P3 THE TRUE COPY OF THE MEMORANDUM OF WRIT PETITION IN WPC NO.34660/19 WITHOUT EXHIBITS.

EXT.P4 THE TRUE COPY OF THE PLAINT FILED AS OS NO.137/20 BEFORE MUNSIFF COURT, KANNUR.

EXT.P5 THE TRUE COPY OF THE COMMISSION APPLICATION FILED BEFORE MUNSIFF COURT, KANNUR AS IA NO.1933/2020 IN OS 137/20.

EXT.P6 THE TRUE COPY OF THE INTERIM MANDATORY INJUNCTION FILED BEFORE THE MUNSIFF COURT, KANNUR AS IA 1932/20 IN OS 137/20.

EXT.P7 THE TRUE COPY OF THE ORDER DATED 5.11.20 ISSUED TO THE PETITIONER BY THE RESPONDENT.

EXT.P8 THE TRUE COPY OF THE APPEAL FILED BEFORE THE HONOURABLE SECRETARY LOCAL SELF GOVERNMENT DEPARTMENT, THIRUVANANTHAPURAM.

EXT.P9 THE TRUE COPY OF THE POSTAL RECEIPT.

EXT.P10 TRUE COPY OF THE ACKNOWLEDGMENT RECEIVING THE APPEAL FILED BY THE AUTHORITY.

EXT.P11 TRUE COPY OF THE NOTICE DATED 01.06.21 ISSUED BY THE 2ND RESPONDENT.

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