Kerala High Court
Mybus United Service Llp vs State Of Kerala on 27 July, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 27TH DAY OF JULY 2022 / 5TH SRAVANA, 1944
WP(C) NO. 16211 OF 2021
PETITIONER/S:
MYBUS UNITED SERVICE LLP,
REGISTRATION NO. LLP IN AAD 1184, ROOM NO. 234,
KTM COMPLEX, CHANGANACHERRY REPRESENTED BY ITS
DESIGNATED PARTNER, MR. TOM T. ABRAHAM, AGED 62
YEARS, S/O. ABRAHAM, THALAKULATHU HOUSE,
MADAPALLY P.O, CHANGANACHERRY, KOTTAYAM-686 546
BY ADVS.
JINU JOSEPH
ANU PHILIPOSE
RESPONDENT/S:
1 STATE OF KERALA,
REPRESENTED BY THE SECRETARY, LOCAL SELF
GOVERNMENT DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM-695 001
2 DIRECTOR OF PANCHAYATS,
PANCHAYAT DIRECTORATE, PUBLIC OFFICE BUILDING,
LMS, VELLAYAMBALAM ROAD, PALAYAM,
THIRUVANANTHAPURAM-695 033
3 DEPUTY DIRECTOR OF PANCHAYAT,
CIVIL STATION, COLLECTORATE P.O, KOTTAYAM,
686002.
4 MUNDAKAYAM GRAMA PANCHAYAT.
MUNDAKAYAM P.O, MUNDAKAYAM-686 513, KOTTAYAM
DISTRICT, REPRESENTED BY ITS SECRETARY.
5 THE SECRETARY,
MUNDAKAYAM GRAMA PANCHAYAT, MUNDAKAYAM P.O-686
513, KOTTAYAM DISTRICT.
BY ADVS.
LIJI.J.VADAKEDOM
CHITHRA CHANDRASEKHARAN
-2-
W.P.(C). No. 16211 of 2021
OTHER PRESENT:
SRI.JIBU.T.S, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 27.07.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
-3-
W.P.(C). No. 16211 of 2021
P.V.KUNHIKRISHNAN, J.
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W.P.(C) No. 16211 of 2021
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Dated this the 27th day of July, 2022
JUDGMENT
The above writ petition is filed with following prayers:
"(i) Issue appropriate writ or order and set aside Ext
Exhibit P-4 notice of the 5th respondent and all recovery
proceedings pursuant to the same.
(ii) Issue a writ of mandamus or such other writ, order or
direction commanding the 1st respondent to take a
decision on the pending approval of remission granted to
the petitioner by the 4th respondent detailed in Ext P-2
proceedings within such time frame as may be fixed by
this Hon'ble Court.
(iii) Issue a writ of mandamus or such other writ, order
of direction commanding the 4th respondent to take a
decision on Ext P-7 representation as per Rule 5 of
Kerala Panchayat Raj (Granting of Remission to
Contractors & Lessees) Rules 1998 within the time
provided therein.
(iv) Such other writ or order or direction as this Hon'ble
Court may deem fit and proper in the circumstances of
the case and in the interest of justice. " (sic)
W.P.(C). No. 16211 of 2021
2. The petitioner is the successful bidder for the tender
of collecting fees from private bus operators using the services
of Mundakkayam Grama Panchayat Bus stand for the financial
year 2020-21 and made advance payment of 1 st Installment of
Rs.1,52,000/-. Due to national lockdown and subsequent
restrictions, it is the case of the petitioner that, the collections
were badly affected even before 1 st April 2020. Hence the
petitioner submitted Ext P1 request to the 4th respondent for
remission of the fees as per The Kerala Panchayat Raj
(Granting of remission to contractors and lessees) Rules 1998
for the period 2020-21. The Panchayat council vide Ext P2
decided to allow a remission of Rs.72,210/- for the period
01.04.2020 to 31.07.2020 and sent the same for approval from
the 1st respondent as per the rules. It is the case of the petitioner
that the approval is awaited. Thereafter the petitioner was
served with Ext P4 demanding the entire contract amount
W.P.(C). No. 16211 of 2021
within 15 days without considering the pendency of approval
from the 1st respondent. The petitioner's request to await the
approval was not considered. The petitioner submitted Ext.P7
request for considering remission for the omitted period is also
pending. Hence, this writ petition is filed.
3. Heard the counsel for the petitioner and the Standing
Counsel appearing for the Panchayat. I also heard the
Government Pleader.
4. The Standing Counsel takes me through the counter
affidavit filed by respondents 4 and 5. The relevant paragraphs
in the counter affidavit is extracted hereunder:
"3. That it is respectfully submitted that the petitioner
was the successful bidder for the collection of fees from
private stage carriages using the services of
Mundakayam Panchayat bus stand for the year 2020-
21. The petitioner had made the bid for an amount of
Rs.4,55,500/- excluding GST. The petitioner had
remitted an amount of Rs.1,52,000/- as one third of the
W.P.(C). No. 16211 of 2021
auction amount and Rs 50,000/- as security deposit
respectively. Also an amount of Rs.50,000/- was paid as
per the direction of this Honourable Court in the
interim order out of Rs 50,000/- paid by the petitioner
an amount of Rs.7.627/- was deducted towards GST.
The remaining amount is credited in the account of the
petitioner. An amount of Rs.72,210/- is permitted as
remission subject to the approval of the Government.
After keeping aside the amount (which is subject to the
Government Order) the remaining amount to be paid by
the petitioner is Rs.1.38.917/-
4. That it is humbly submitted that on 17.08.2020 the
petitioner made an application to the 5 respondent that
due to Covid-19 pandemic petitioner could not collect
service charges from the buses entering the stand due to
the restrictions imposed by the Government in this
regard. The application dated 17.08.2020 was
considered and the Panchayat Committee after
evaluating the situation on 3.9.2020 decided to give a
remission for an amount of Rs.72,210/- for 58 days
during which period the lock down was in existence
subject to the approval of the Government."
5. In paragraphs 3 and 4, it is stated that the remission
is already granted in the light of Ext.P9 Government Order.
The counsel submitted that the balance amount of Rs.1,38,917/-
is to be paid by the petitioner. The counsel for the petitioner
W.P.(C). No. 16211 of 2021
submitted that Ext.P7 request is submitted for getting the
remission for the omitted period also. If that be so, there can be
a direction to the Panchayat to consider Ext.P7 and pass
appropriate orders, in accordance to law.
Therefore, this writ petition is disposed of with the
following observations:
1. Paragraphs 3 and 4 of the counter affidavit dated
16.01.2022 of the respondents 4 and 5 are recorded.
2. The 4th respondent is directed to consider Ext.P7
and pass appropriate orders in it, after giving an
opportunity of hearing to the petitioner, as
expeditiously as possible, at any rate, within six
weeks from the date of receipt of a copy of this
judgment.
sd/-
P.V.KUNHIKRISHNAN
JUDGE
das
W.P.(C). No. 16211 of 2021
APPENDIX OF WP(C) 16211/2021
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE REPRESENTATION MADE
BY THE PETITIONER TO THE 2ND
RESPONDENT DATED 17.08.2020.
Exhibit P2 TRUE COPY OF THE DECISION TAKEN IN THE
MEETING OF THE PANCHAYAT DATED
03.09.2020.
Exhibit P3 TRUE COPY OF THE REPRESENTATION MADE
TO THE 3RD RESPONDENT DATED
27.01.2021.
Exhibit P4 TRUE COPY OF THE DEMAND NOTICE DATED
29.06.2021 ISSUED BY THE 5TH
RESPONDENT.
Exhibit P5 TRUE COPY OF THE REPLY OF THE
PETITIONER DATED 15.07.2021.
Exhibit P6 TRUE COPY OF THE LETTER ISSUED BY THE
5TH RESPONDENT DATED 15.07.2021.
Exhibit P7 TRUE COPY OF THE REQUEST DATED
30.07.2021 SEEKING REMISSION FOR
OMITTED PERIOD.
Exhibit P8 TRUE COPY OF THE KERALA PANCHAYAT RAJ
(GRANTING OF REMISSION TO CONTRACTORS
AND LESSEES) RULES 1998.
Exhibit P9 TRUE COPY O F THE GO (ORDINARY) NO
1410/2021/LSGD DATED 27.7.2021
