Mukesh M.A vs The Deputy Tahsildar (Revenue ...
2022 Latest Caselaw 8873 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
              THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
        THURSDAY, THE 7TH DAY OF JULY 2022 / 16TH ASHADHA, 1944
                         WP(C) NO. 364 OF 2022
PETITIONER:

            MUKESH M.A.
            AGED 34 YEARS
            S/O.MUKESH, VILAYIL PUTHENVEEDU, THAZHUTHALA, KOTTIYAM,
            KOLLAM - 691 571.
            BY ADV P.SIVARAJ


RESPONDENTS:

    1       THE DEPUTY TAHSILDAR (REVENUE RECOVERY)
            KOLLAM TALUK, KOLLAM DISTRICT, PIN - 690 001.
    2       KOLLOAM CORPORATION
            REPRESENTED BY ITS SECRETARY, CORPORATION OFFICE,
            KOLLAM - 690 001.
    3       SECRETARY
            KOLLOAM CORPORATION, CORPORATION OFFICE,
            KOLLAM - 690 001.
            BY ADV SRI.M.K.CHANDRA MOHAN DAS, SC
            SMT.DEEPA NARAYANAN, SENIOR GOVERNMENT PLEADER



     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.07.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 364 OF 2022
                                  2


              P.V.KUNHIKRISHNAN, J.
             ------------------------------
              W.P.(C).No. 364 of 2022
     ----------------------------------------------
       Dated this the 07th day of July, 2022


                         JUDGMENT

The above writ petition is filed with the following

prayers:

"(i) To issue a writ of certiorari or any other appropriate writ, order or direction, calling for records leading to Ext.P1 and quash the same;

(ii) To issue a writ of mandamus or any other appropriate writ, order or direction, commanding and compelling the 3 rd Respondent consider and pass orders on Ext.P2, pending before it, within a stipulated period of time;

(iii) Issue such other writ, order or direction, as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case;

(iv) Award costs to the Petitioner from the Respondents."[SIC]

2. The petitioner is a disabled unemployed

youth aged 34 years. In the year 2019, the petitioner

bid in an auction for the right to cremate dead bodies WP(C) NO. 364 OF 2022

in the crematorium for the period from 2019 April 1 st

to 2020 March 31st at Akoline owned by the 1st

respondent Corporation. At the time of auction, the

construction work of the crematorium was under

progress and it was expected completion before April

2019. But the construction was not completed as

expected by the authorities and therefore, the

functioning of the crematorium started only on

26.06.2019. Hence, it is the case of the petitioner that

there is monitory loss to the petitioner. Apart from

that, it is also contended that the 1st day itself the

furnace in the crematorium got damaged due to

electrical defect. Even though the petitioner requested

several times, the repair work was not carried out.

Now the petitioner is requested to pay an exorbitant

amount of Rs.96,259/- as per Ext.P1 demand notice.

Aggrieved by the same, the petitioner submitted

Ext.P2 representation. Without considering Ext.P2, the

Corporation is proceeding with Ext.P1 demand notice, WP(C) NO. 364 OF 2022

is the contention of the petitioner.

3. Heard counsel appearing for the petitioner

and the Standing counsel appearing for respondents 2

and 3. I also heard the learned Government Pleader

who appeared for the 1st respondent.

4. The main grievance of the petitioner is that,

without considering Ext.P2 representation, the demand

based on Ext.P1 is continuing by the respondents. The

petitioner has got a grievance that the crematorium

was not functioning during most of the agreement

period. These are matterS to be considered by the

Corporation. Admittedly, Ext.P2 is pending before the

Corporation. If that is the case, there can be a

direction to the 3rd respondent to consider Ext.P2 and

pass appropriate orders in it. Till final orders are

passed all further proceedings consequent to Ext.P1

can be kept in abeyance.

Therefore, this writ petition is disposed of in the

following manner:

WP(C) NO. 364 OF 2022

i. There will be a direction to the 3 rd

respondent to consider and pass appropriate orders

in Ext.P2, as expeditiously as possible, at any rate,

within a period of one month from the date of

receipt of a copy of this judgment.

ii. Till final orders are passed in Ext.P2, all

further proceedings consequent to Ext.P1 are

deferred.

Sd/-

                                   P.V.KUNHIKRISHNAN
DM                                        JUDGE
 WP(C) NO. 364 OF 2022


              APPENDIX OF WP(C) 364/2022

PETITIONER EXHIBITS
EXHIBIT P1       TRUE COPY OF DEMAND NOTICE DATED
                 29/01/2021   ISSUED   BY    THE 1ST
                 RESPONDENT TO THE PETITIONER.
EXHIBIT P2       TRUE COPY OF REPRESENTATION   DATED
                 19/10/2021  SUBMITTED    BY     THE
                 PETITIONER   BEFORE    THE      3RD
                 RESPONDENT.

RESPONDENT'S EXHIBITS: NIL



                      //TRUE COPY//



                        PA TO JUDGE