Kerala High Court
C.G.Mohammed Navab Sha vs Union Territory Of Lakshadweep on 30 September, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 30TH DAY OF SEPTEMBER 2021 / 8TH ASWINA,
1943
WP(C) NO. 19650 OF 2021
PETITIONER/S:
ABDUL SALAM P.P., AGED 52 YEARS
S/O.KUNJASHADA SAYED MOHAMMED, PUTHIYAPURA
HOUSE, KILTAN ISLAND, U.T.OF LAKSHADWEEP, PIN-
682558.
BY ADVS.
LAL K.JOSEPH
P.MURALEEDHARAN (THURAVOOR)
T.A.LUXY
SURESH SUKUMAR
KOYA ARAFA MIRAGE
ANZIL SALIM
CHACKO MATHEWS K.
RESPONDENT/S:
1 UNION TERRITORY OF LAKSHADWEEP
REPRESENTED BY ITS ADMINISTRATOR, OFFICE OF THE
LAKSHADWEEP, ADMINISTRATOR, KAVARATTI-682555.
2 ADMINISTRATOR,
OFFICE OF THE LAKSHADWEEP, ADMINISTRATOR,
KAVARATTI-682555.
3 CHIEF EXECUTIVE OFFICER
DISTRICT PANCHAYAT, KAVARATTI, U.T.OF
LAKSHADWEEP-682555.
4 BLOCK DEVELOPMENT OFFICER,
KILTAN ISLAND, U.T.OF LAKSHADWEEP-682558.
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W.P.(C). Nos.19650, 19651, 19654 & 19911 of 2021
5 EXECUTIVE OFFICER,
VILLAGE DWEEP PANCHAYAT, KILTAN ISLAND, U.T.OF
LAKSHADWEEP-682558.
BY ADV SHRI.MANU.S, SCGC, ADMINISTRATION OF THE
UNION TERRITORY OF LAKSHADWEEP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 30.09.2021, ALONG WITH WP(C).19651/2021,
19654/2021 AND CONNECTED CASES, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
-3-
W.P.(C). Nos.19650, 19651, 19654 & 19911 of 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 30TH DAY OF SEPTEMBER 2021 / 8TH ASWINA,
1943
WP(C) NO. 19651 OF 2021
PETITIONER/S:
C.G.MOHAMMED NAVAB SHA, AGED 29 YEARS
S/O. MUTHUKOYA K.I., CHEMMENGATH HOUSE, KALPENI
ISLAND, LAKSHADWEEP-682 557.
BY ADVS.
LAL K.JOSEPH
KOYA ARAFA MIRAGE
RESPONDENT/S:
1 UNION TERRITORY OF LAKSHADWEEP
REPRESENTED BY ITS ADMINISTRATOR, OFFICE OF THE
LAKSHADWEEP, ADMINISTRATOR, KAVARATTI-682 555.
2 ADMINISTRATOR
OFFICE OF THE LAKSHADWEEP, ADMINISTRATOR,
KAVARATTI-682 555.
3 CHIEF EXECUTIVE OFFICER
DISTRICT PANCHAYAT, KAVARATTI, U.T. OF
LAKSHADWEEP-682 555.
4 BLOCK DEVELOPMENT OFFICER
KALPENI ISLAND, U.T. OF LAKSHADWEEP-682 557.
5 EXECUTIVE OFFICER
VILLAGE DWEEP PANCHAYAT, KALPENI ISLAND, U.T.
OF LAKSHADWEEP-682 557.
-4-
W.P.(C). Nos.19650, 19651, 19654 & 19911 of 2021
BY ADV SHRI.MANU.S, SCGC, ADMINISTRATION OF THE
UNION TERRITORY OF LAKSHADWEEP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 30.09.2021, ALONG WITH WP(C).19650/2021 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
-5-
W.P.(C). Nos.19650, 19651, 19654 & 19911 of 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 30TH DAY OF SEPTEMBER 2021 / 8TH ASWINA,
1943
WP(C) NO. 19654 OF 2021
PETITIONER/S:
MOOSA I., AGED 67 YEARS
S/O. ALI MANIKFAN (LATE), BODUGANDUVARU HOUSE,
ALLODI VILLAGE, MINICOY ISLAND, LAKSHADWEEP-
682 559.
BY ADVS.
LAL K.JOSEPH
P.MURALEEDHARAN (THURAVOOR)
T.A.LUXY
SURESH SUKUMAR
KOYA ARAFA MIRAGE
ANZIL SALIM
CHACKO MATHEWS K.
RESPONDENT/S:
1 UNION TERRITORY OF LAKSHADWEEP
REPRESENTED BY ITS ADMINISTRATOR, OFFICE OF THE
LAKSHADWEEP ADMINISTRATOR, KAVARATTI-682 555.
2 ADMINISTRATOR
OFFICE OF THE LAKSHADWEEP, ADMINISTRATOR,
KAVARATTI-682 555.
3 CHIEF EXECUTIVE OFFICER
DISTRICT PANCHAYAT, KAVARATTI, U.T. OF
LAKSHADWEEP-682 555.
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W.P.(C). Nos.19650, 19651, 19654 & 19911 of 2021
4 BLOCK DEVELOPMENT OFFICER
MINICOY ISLAND, U.T. OF LAKSHADWEEP-682 559.
5 EXECUTIVE OFFICER
VILLAGE DWEEP PANCHAYAT, MINICOY ISLAND, U.T.
OF LAKSHADWEEP-682 559.
BY ADV SHRI.MANU.S, SCGC, ADMINISTRATION OF THE
UNION TERRITORY OF LAKSHADWEEP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 30.09.2021, ALONG WITH WP(C).19650/2021 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
-7-
W.P.(C). Nos.19650, 19651, 19654 & 19911 of 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 30TH DAY OF SEPTEMBER 2021 / 8TH ASWINA,
1943
WP(C) NO. 19911 OF 2021
PETITIONER/S:
MUHAMMED NAZER M.P., AGED 45 YEARS
S/O ATTAKOYA HAJI KP (LATE),
MULLIPURA HOUSE, AGATHI ISLAND,
LAKSHADWEEP-682553.
BY ADVS.
LAL K.JOSEPH
P.MURALEEDHARAN (THURAVOOR)
SURESH SUKUMAR
KOYA ARAFA MIRAGE
ANZIL SALIM
CHACKO MATHEWS K.
SALIM P.K.
RESPONDENT/S:
1 UNION TERRITORY OF LAKSHADWEEP
REPRESENTED BY ITS ADMINISTRATOR,
OFFICE OF THE LAKSHADWEEP,
ADMINISTRATOR, KAVARATTI-682555.
2 THE ADMINISTRATOR,
OFFICE OF THE LAKSHADWEEP, ADMINISTRATOR,
KAVARATTI-682555.
3 THE CHIEF EXECUTIVE OFFICER
DISTRICT PANCHAYAT, KAVARATTI, U.T.OF
LAKSHADWEEP-682555.
-8-
W.P.(C). Nos.19650, 19651, 19654 & 19911 of 2021
4 BLOCK DEVELOPMENT OFFICER,
AGATTI ISLAND, U.T.OF LAKSHADWEEP-682553.
5 EXECUTIVE OFFICER,
VILLAGE DWEEP PANCHAYAT, AGATTI ISLAND, U.T.OF
LAKSHADWEEP-682553.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 30.09.2021, ALONG WITH WP(C).19650/2021 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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W.P.(C). Nos.19650, 19651, 19654 & 19911 of 2021
P.V.KUNHIKRISHNAN, J.
==============================================================
W.P.(C) Nos.19650, 19651, 19654 & 19911 of 2021
===================================================================================
Dated this the 30th day of September, 2021
JUDGMENT
These writ petitions are connected and hence they are
disposed of by a common judgment. The prayers in these writ
petitions are also similar and therefore, I am extracting the
prayer in W.P.(C) No.19654 of 2021 alone.
"i) To Issue a Writ of Mandamus or any other
appropriate Writ or Order directing the
respondents to disburse the amounts due to the
petitioner including those covered by Exbt P8,
Exbt P9 and the other months within a specific
time frame;
ii) To issue a Writ of Mandamus or any other
appropriate Writ or Order or direction to keep
in abeyance all further proceedings in
implementing Exbt P11 till the amount is
disbursed to the petitioner,
iii) To issue a Writ of Mandamus or any other
appropriate Writ or Order or direction allow
W.P.(C). Nos.19650, 19651, 19654 & 19911 of 2021
the petitioner to continue the waste
management until a new contract as per P12
has been finalised upon the same terms and
conditions as in Exbt. P2 to Exbt. P4;
iv) Such other reliefs that may be granted by this
Honourable court that it may deem fit under
the facts and circumstances of the case."
2. When these writ petitions came up for
consideration on 23.09.2021, this Court passed the following
order:
"Admit. The learned Standing counsel will take
notice for respondents 1 to 4. Issue urgent
notice to respondent No.5.
The learned Standing counsel submitted that a
statement is filed. Post along with the statement
on 30.09.2021.
There shall be an interim stay as prayed for, till
30.09.2021."
3. Today, when the matter came up for consideration,
the learned Standing Counsel for respondents submitted that a
W.P.(C). Nos.19650, 19651, 19654 & 19911 of 2021
new order bearing No.F.No.2/4/2021-DP-ESTT is passed on
27.09.2021 in the light of the interim order and the Office
Order dated 16.09.2021 [Exhibit P10] is also cancelled.
4. Based on the interim order, the petitioners
continued till today. The contract period is already over. The
learned Standing Counsel submitted that a new arrangement is
already made for the management of Solid and Plastic Wastes
and Segregation of Biodegradable and Non-biodegradable
wastes. In such circumstances, petitioners cannot have any
right to continue.
5. The leaned counsel for the petitioners submitted
that the remuneration which the petitioners are entitled is not
disbursed to them from April 2021 onwards.
6. The learned Standing Counsel submitted that this is
a matter to be looked into by the 5th respondent in these writ
petitions. Petitioners can submit representations before the 5 th
respondent and there can be a direction to dispose of such
W.P.(C). Nos.19650, 19651, 19654 & 19911 of 2021
representations within a time frame.
Therefore, these writ petitions are disposed of in the
following lines:
1) Petitioners in these writ petitions are free to file
representations to the 5th respondent narrating
their grievances to get the remuneration for the
work they have done within a period of two
weeks from the date of receipt of a copy of this
judgment.
2) Once such representation is received, the 5th
respondent in the respective writ petitions will
consider the same after giving an opportunity of
being heard to the petitioner concerned and take
appropriate steps in accordance to law, as
expeditiously as possible, at any rate, within a
period of one month from the date of receipt of
such representation.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
das
W.P.(C). Nos.19650, 19651, 19654 & 19911 of 2021
APPENDIX OF WP(C) 19650/2021
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE WORK ORDER DATED
01.04.2021 ISSUED TO THE PETITIONER
TYPED COPY.
Exhibit P2 TRUE COPY OF THE SERVICE AGREEMENT
DATED 5TH APRIL 2021.
Exhibit P3 TRUE COPY OF THE EXTENSION ORDER DATED
01.06.2021 ISSUED TO THE PETITIONER.
Exhibit P4 TRUE COPY OF THE EXTENSION ORDER DATED
02.08.2021 ISSUED TO THE PETITIONER.
Exhibit P5 TRUE COPY OF THE ATTENDANCE
PARTICULARS OF THE DIFFERENT
CATEGORIES OF WORKERS ENGAGED BY THE
PETITIONER FROM APRIL TO JULY.
Exhibit P6 TRUE COPY OF THE COLLECTION STATUS OF
SOLID WASTE ON ONE SINGLE DAY I.E
15.04.2021.
Exhibit P7 TRUE COPY OF THE WORK PERFORMANCE
CERTIFICATE OF THE PETITIONER FROM
01.04.2021 TO 31.05.2021, SIGNED BY
WARD MEMBERS AS WELL AS THE
COORDINATORS AND COUNTERSIGNED BY THE
DEPUTY COLLECTOR/BDO DATED 14.07.2021.
Exhibit P8 TRUE COPY OF THE COVERING LETTER DATED
05.07.2021 FORWARDED BY THE 5TH
RESPONDENT TO THE 3RD RESPONDENT CHIEF
EXECUTIVE OFFICER.
Exhibit P9 TRUE COPY OF CLAIM FOR THE MONTH OF
JULY FORWARDED ON 26.08.2021.
W.P.(C). Nos.19650, 19651, 19654 & 19911 of 2021
Exhibit P10 TRUE COPY OF THE REPRESENTATION DATED
11.09.2021 SENT TO THE 2ND RESPONDENT.
Exhibit P11 TRUE COPY OF THE ORDER F.NO.2/4/2021-
DP(ESTT)/835 DATED 16.09.2021.
W.P.(C). Nos.19650, 19651, 19654 & 19911 of 2021
APPENDIX OF WP(C) 19651/2021
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE WORK ORDER DATED
1.4.2021.
Exhibit P2 TRUE COPY OF THE 'SERVICE AGREEMENT'
DATED IST APRIL 2021.
Exhibit P3 TRUE COPY OF THE EXTENSION ORDERS
DATED 31.5.2021.
Exhibit P4 TRUE COY OF THE EXTENSION ORDERS DATED
2.8.2021.
Exhibit P5 THE ATTENDANCE PARTICULARS OF THE
DIFFERENT CATEGORIES OF WORKERS
ENGAGED BY THE PETITIONER FROM APRIL
TO JULY.
Exhibit P6 THE COLLECTION STATUS OF SOLID WASTE
ON 11.9.2021 TO 16.9.2021.
Exhibit P7 TRUE COPIES OF THE WORK PERFORMANCE
CERTIFICATES OF THE PETITIONER OF
APRIL AND MAY 2021, SIGNED BY WARD
MEMBERS.
Exhibit P8 TRUE COPIES OF THE APPROVED CLAIMS FOR
THE MONTHS OF APRIL, MAY, JUNE, AND
JULY 2021 CERTIFIED BY THE 5TH
RESPONDENT, EXECUTIVE OFFICER.
Exhibit P9 TRUE COPY OF THE REPRESENTATION DATED
11.9.2021 SENT TO THE 2ND RESPONDENT.
Exhibit P10 TRUE COPY OF THE ORDER F.NO.2.4.2021-
DP(ESTT)/835 DATED 16.9.2021.
W.P.(C). Nos.19650, 19651, 19654 & 19911 of 2021
Exhibit P11 TRUE COPY OF THE RELEVANT PAGES OF THE
TENDER NOTIFICATION SHOWING THE DATES
FOR SUBMISSION AND OPENING.
W.P.(C). Nos.19650, 19651, 19654 & 19911 of 2021
APPENDIX OF WP(C) 19654/2021
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE WORK ORDER DATED
1.4.2021 ISSUED TO THE PETITIONER.
Exhibit P2 TRUE COPY OF THE SERVICE AGREEMENT
DATED 5TH APRIL 2021.
Exhibit P3 TRUE COPY OF THE EXTENSION ORDER DATED
31.5.2021 ISSUED TO THE PETITIONER.
Exhibit P4 TRUE COPY OF THE EXTENSION ORDER DATED
2.8.21 ISSUED TO THE PETITIONER.
Exhibit P5 TRUE COPY OF THE ATTENDANCE
PARTICULARS OF THE DIFFERENT
CATEGORIES OF WORKERS ENGAGED BY THE
PETITIONER FROM APRIL TO JULY.
Exhibit P6 TRUE COPY OF THE COLLECTION STATUS OF
SOLID WASTE ON 1.4.2021 TO 5.4.2021.
Exhibit P7 TRUE COPY OF THE WORK PERFRORMANCE
CERTIFICATE OF THE PETITIONER FROM
1.5.2021 TO 31.5.21, SIGNED BY WARD
MEMBERS AS WELL AS THE COORDINATORS
AND COUNTERSIGNED BY THE DEPUTY
COLLECTOR DATED 14.7.2021.
Exhibit P8 TRUE COPY OF THE APPROVED CLAIM FOR
THE MONTH OF MAY 2021 FORWARDED BY THE
5TH RESPONDENT TO THE 3RD RESPONDENT
CHIEF EXECUTIVE OFFICER.
Exhibit P9 TRUE COPY OF APPROVED CLAIM FOR THE
MONTH OF JUNE 2021 FORWARDED BY THE
5TH RESPONDENT TO THE 3RD RESPONDENT
CHIEF EXECUTIVE OFFICER.
W.P.(C). Nos.19650, 19651, 19654 & 19911 of 2021
Exhibit P10 TRUE COPY OF THE REPRESENTATION DATED
11.9.2021 SENT TO THE 2ND RESPONDENT.
Exhibit P11 TRUE COPY OF THE ORDER F.NO.2.4.2021-
DP(ESTT)/835 DATED 16.9.2021.
Exhibit P12 TRUE COPY OF THE RELEVANT PAGES OF THE
RFP SHOWING THE DATES FOR SUBMISSION.
W.P.(C). Nos.19650, 19651, 19654 & 19911 of 2021
APPENDIX OF WP(C) 19911/2021
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE WORK ORDER DATED
01.04.2021 ISSUED TO THE PETITIONER
Exhibit P2 TRUE COPY OF THE 'SERVICE AGREEMENT'
DATED 1ST APRIL 2021.
Exhibit P3 TRUE COPY OF THE EXTENSION ORDER DATED
07.06.2021 ISSUED TO THE PETITIONER.
Exhibit P4 TRUE COPY OF THE EXTENSION ORDER DATED
04.08.2021 ISSUED TO THE PETITIONER
Exhibit P5 TRUE COPY OF THE ATTENDANCE
PARTICULARS OF THE DIFFERENT
CATEGORIES OF WORKERS ENGAGED BY THE
PETITIONER FROM APRIL TO JULY.
Exhibit P6 TRUE COPY OF COLLECTION STATUS OF
SOLID WASTE ON 11.09.2021 TO
16.09.2021.
Exhibit P7 TRUE COPY OF THE WORK PERFORMANCE
CERTIFICATE OF THE PETITIONER OF JULY
2021, SIGNED BY WARD MEMBERS AND
COORDINATORS AND COUNTERSIGNED BY THE
DEPUTY COLLECTOR.
Exhibit P8 TRUE COPY OF THE CLAIM FOR THE MONTH
OF JULY 2021
Exhibit P9 TRUE COPY OF THE REPRESENTATION DATED
11.09.2021 SENT TO THE 2ND RESPONDENT
Exhibit P10 TRUE COPY OF THE ORDER F.NO.2/4/2021-
DP (ESTT)/835 DATED 16.09.2021
W.P.(C). Nos.19650, 19651, 19654 & 19911 of 2021
Exhibit P11 TRUE COPY OF THE RELEVANT PAGES OF THE
RFP SHOWING THE DATES FOR SUBMISSION.
