Thresiamma Baby vs State Of Kerala
2021 Latest Caselaw 7541 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                 THE HONOURABLE SMT. JUSTICE P.V.ASHA

    THURSDAY, THE 04TH DAY OF MARCH 2021 / 13TH PHALGUNA, 1942

                       WP(C).No.5633 OF 2021(D)

PETITIONER:

               THRESIAMMA BABY, AGED 58 YEARS,
               W/O.BABY, KANDATHIL HOUSE, PAMPAVALLEY NORTH P.O.,
               ERUMELY SOUTH VILLAGE, ERUTHVAPPUZHA,
               KANJIRAPPALLY TALUK, KOTTAYAM DISTRICT.

               BY ADVS.
               SRI.S.JIJI
               SMT.M.M.BABY

RESPONDENTS:

      1        STATE OF KERALA,
               REPRESENTED BY THE CHIEF SECRETARY,
               GOVERNMENT SECRETARIAT, STATUE, PALAYAM,
               THIRUVANANTHAPURAM - 695 001.

      2        ADDITIONAL CHIEF SECRETARY,
               DEPARTMENT OF HOME AFFAIRS, GOVERNMENT SECRETARIAT,
               STATUE, PALAYAM, THIRUVANANTHAPURAM - 695 001.

      3        ADDITIONAL CHIEF SECRETARY,
               DEPARTMENT OF FINANCE, GOVERNMENT SECRETARIAT,
               STATUE, PALAYAM, THIRUVANANTHAPURAM - 695 001.

      4        THE DIRECTOR GENERAL OF POLICE,
               KERALA STATE POLICE HEAD QUARTERS, VAZHUTHACAUD,
               THIRUVANANTHAPURAM - 695 010.

      5        DISTRICT SUPERINTEDNDENT OF POLICE,
               DISTRICT POLICE OFFICE, COLLECTORATE, K.K.ROAD,
               KOTTAYAM - 686 002.

      6        DISTRICT SUPERINTENDENT OF POLICE,
               DISTRICT POLICE OFFICE, THAZHEVETTIPRAM,
               PATHANAMTHITTA - 689 645.

               BY ADV. SMT.PRINCY XAVIER, GOVERNMENT PLEADER

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION              ON
04.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.5633 OF 2021(D)

                                       2




                                 JUDGMENT

The petitioner claims that CCTV

cameras were installed for the first time in

the year 2010-11 for high security purposes

in Pampa, Erumely and Pandalam during the

Sabarimala festival season. It is stated that

petitioner, who is the Managing Partner of

GEEBEE group, was entrusted with the work of

installation in the review meeting conducted

on 30.08.2010. It is stated that on direction

from the ADGP to complete the work urgently

and without waiting for a work order,

petitioner had installed 89 cameras at

Erumely, Pamba River premises, Pandalam

palace and Pandalam Manikandan Althara.

Petitioner claims that the rent was fixed at

Rs.725/- per camera and it was kept installed

for a period of 46 days and the rental

charges came to a sum of Rs.29,68,150/-. WP(C).No.5633 OF 2021(D)

2. Though the petitioner submitted

Ext.P3 bill on 31.08.2011 itself, several

objections were raised on the ground that

there was no work order. Petitioner points

out that on the basis of repeated

representations, reports were called for and

Ext.P5 report submitted by the South Zone

ADGP, would show that the petitioner has

executed the work of installing of the

cameras. It is stated that subsequently on

the basis of representations submitted before

the Chief Minister, another report Ext.P10

was submitted by the DySP, Kanjirappally

which was followed by Ext.P11 report dated

06.10.2018 of Special Branch DySP,

Pathanamthitta. It is also stated that there

was yet another enquiry report from the

Finance Inspection Department through

Ext.P12. Though all these reports would show

the installation of CCTV by petitioner, she WP(C).No.5633 OF 2021(D)

did not get the payment. It is stated that as

per Ext.P14 letter dated 02.05.2019,

Government rejected the claim of the

petitioner stating that separate orders are

not available for installation of CCTV and

petitioner could also not produce any such

orders in support of the same. Therefore it

was stated that the claim of the petitioner

cannot be considered in the absence of the

relevant documents.

3. Aggrieved by the same, petitioner has

again approached the Government submitting

Exts.P16 and P17 representations and also the

State Police Chief with Ext.P18

representation. Petitioner points out that

payment was made to another firm as per

Ext.P15 order dated 03.09.2013, even in the

absence of any work order. Petitioner

therefore claims that similar yardstick

should be adopted in her case also. In her WP(C).No.5633 OF 2021(D)

representation Ext P16 she has pointed out

Ext.P15 also.

Therefore, the writ petition is

disposed of with a direction to the 2nd

respondent to consider Ext P16 representation

submitted by the petitioner and pass orders,

after affording her an opportunity of

hearing, within a period of three months from

the date of receipt of a copy of the

judgment.

Sd/-

P.V.ASHA JUDGE WW WP(C).No.5633 OF 2021(D)

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE AGENDA OF THE REVIEW MEETING FOR APPRISING FESTIVAL FACILITIES CONDUCTED ON 30.8.2010.

EXHIBIT P2 TRUE COPY OF ONE NEWS ITEM PUBLISHED IN RASHTRA DEEPIKA DAILY DATED 28.12.2010 ABOUT THE CCTVS.

EXHIBIT P3 TRUE COPY OF AN ABSTRACT BILL AND PETITION SUBMITTED TO DEVASWOM MINISTER FOR CONSIDERATION DATED 31.8.2011.

EXHIBIT P4 TRUE COPY OF THE AFFIDAVIT DATED 3.3.2016 FILED BY THE PETITIONER BEFORE THE SOUTH ZONE ADGP.

EXHIBIT P5 TRUE COPY OF THE REPORT DATED 08.09.2016 SUBMITTED BY THE SOUTH ZONE ADGP TO THE 4TH RESPONDENT DGP.

EXHIBIT P6 TRUE COPY OF THE LETTER DATED 27.12.20216 ISSUED BY THE 4TH RESPONDENT TO THE 2ND RESPONDENT.

EXHIBIT P7 TRUE COPY OF THE MEMORANDUM SUBMITTED BY THE PETITIONER BEFORE THE CHIEF MINISTER DATED 06.03.2017.

EXHIBIT P8 TRUE COPY OF THE LETTER DATED 15.04.2017 ISSUED BY THE MANIMALA CIRCLE, INSPECTOR TO THE KANJIRAPPALLY DY.S.P.

EXHIBIT P9 TRUE COPY OF THE MEMORANDUM SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT DATED 25.11.2017.

EXHIBIT P10 TRUE COPY OF THE REPORT FILED BY THE DY.S.P. KANJIRAPPALLY DATED 30.08.2018.

EXHIBIT P11 TRUE COPY OF THE REPORT ALONG WITH PETITIONER'S STATEMENT SUBMITTED BY THE PATHANAMTHITTA SPECIAL BRANCH DY.S.P. DATED 6.10.2018.

WP(C).No.5633 OF 2021(D)

EXHIBIT P12 TRUE COPY OF THE RELEVANT PAGES OF THE ENQUIRY REPORT SUBMITTED BY THE FINANCE INSPECTION DEPARTMENT OBTAINED UNDER RTI ACT.

EXHIBIT P13 TRUE COPY OF THE LETTER ISSUED BY THE 6TH RESPONDENT TO THE 4TH RESPONDENT DATED 12.10.2018.

EXHIBIT P14 TRUE COPY OF THE LETTER DATED 02.05.2019 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER.

EXHIBIT P15 TRUE COPY OF THE ORDER DATED 03.09.2013 ISSUED BY THE 4TH RESPONDENT SANCTIONING AMOUNT FOR CCTV INSTALLATION FOR THE SEASON 2011-12.

EXHIBIT P16 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.

EXHIBIT P17 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT.

EXHIBIT P18 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT.