C.P.Nazeer vs Aluva Municipality
2021 Latest Caselaw 18157 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                 THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
         FRIDAY, THE 3RD DAY OF SEPTEMBER 2021 / 12TH BHADRA, 1943
                          WP(C) NO. 17811 OF 2021
PETITIONER:

              C.P.NAZEER
              AGED 51 YEARS
              S/O.PAREED, CHALAYIL HOUSE, EAST VELIYATHUNADU, U.C.
              COLLEGE P.O., ALUVA.

              BY ADVS.
              B.S.SURESH KUMAR
              GEORGE SEBASTIAN



RESPONDENTS:

     1        ALUVA MUNICIPALITY
              REP.BY ITS SECRETARY, ALUVA, KERALA, PIN 683 101

     2        THE SECRETARY
              ALUVA MUNICIPALITY, ALUVA, KERALA, PIN 683 101

     3        THE MUNICIPAL COUNCIL OF ALUVA MUNICIPALITY,
              REP.BY ITS CHAIRPERSON, ALUVA, KERALA 683 101

              BY ADV THE ALUVA MUNICIPALITY



OTHER PRESENT:

              SRI.K.T.THOMAS-SC




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
03.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 17811 OF 2021
                                      2

                               JUDGMENT

This writ petition is filed seeking directions to the

respondents to drop all proceedings pursuant to Ext.P4 and to

return the amounts received from the petitioner referred to in

Exts.P1 and P2.

2. Heard the learned counsel for the petitioner and the

learned learned counsel appearing for the respondent

Municipality.

3. It is submitted by the learned counsel for the petitioner

that in an auction conducted for license to manage and run the

comfort station at vegetable market of the Municipality for the

period 2020-2021, the petitioner was the successful bidder and an

amount of Rs.1,08,840/- had been paid by the petitioner by

Exts.P1 and P2. It is submitted that due to the COVID-19

pandemic, the vegetable market where the comfort the station is

situated was not functioning and that the petitioner was,

therefore, unable to collect any amounts as provided in the WP(C) NO. 17811 OF 2021

contract. The petitioner has submitted Exts.P5 to P7

representations before the respondents and seeks a consideration

thereof.

5. Having heard the learned Standing Counsel also, I am of

the opinion that the request made by the petitioner for return of

EMD and the contract amount paid by the petitioner requires a

consideration at the hands of the respondents after verifying the

facts.

6. There will, accordingly, be a direction to the 1 st

respondent to take up, consider and pass appropriate orders on

Ext.P5 representation preferred by the petitioner with notice to

the petitioner and after hearing him through any appropriate

means including video conferencing within a period of six weeks

from the date of receipt of a copy of this judgment.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE bng/03.09.2021 WP(C) NO. 17811 OF 2021

APPENDIX OF WP(C) 17811/2021

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF THE RECEIPT DATED 16.3.2020 SHOWING PAYMENT OF RS.93,840/- ISSUED FROM THE OFFICE OF THE 1ST RESPONDENT.

Exhibit P2 A TRUE COPY OF THE RECEIPT DATED 13.3.2020 SHOWING PAYMENT OF RS.15,000/- AS EARNEST MONEY DEPOSIT.

Exhibit P3 TRUE COPY OF THE REPRESENTATION DATED 24.8.2020 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT ALONG WITH ITS RECEIPT.

Exhibit P4 A TRUE COPY OF NOTICE DATED 31.3.2021 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER

Exhibit P5 A TRUE COPY OF THE REPRESENTATION DATED 15.7.2021 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.

Exhibit P6 A TRUE COPY OF THE REPRESENTATION DATED 15.7.2021 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.

Exhibit P7 A TRUE COPY OF THE REPRESENTATION DATED 15.7.2021 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT.

Exhibit P8 A TRUE COPY OF ACKNOWLEDGMENT CARD SHOWING THE RECEIPT OF THE REPRESENTATION BY THE 1ST RESPONDENT.

Exhibit P9 A TRUE COPY OF ACKNOWLEDGMENT CARD SHOWING THE RECEIPT OF THE REPRESENTATION BY THE 2ND RESPONDENT.

WP(C) NO. 17811 OF 2021

Exhibit P10 A TRUE COPY OF ACKNOWLEDGMENT CARD SHOWING THE RECEIPT OF THE REPRESENTATION BY THE 3RD RESPONDENT.