Kerala High Court
Mybus United Services 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. 7547 OF 2022
PETITIONER/S:
MYBUS UNITED SERVICES LLP
REGISTRATION NO LLP IN AAD 1184, ROOM NO 234,
KTM COMPLEX, CHANGANACHERRY, REPRESENTED BY ITS
DESIGNATED PARTNER MR.SONY KURIAN, AGED 60
YEARS. S/O KURIAN, PULLANKULAM HOUSE, PLOT NO
38, KSHB COLONY, CHANGANACHERRY, KOTTAYAM-686
101
BY ADVS.
JINU JOSEPH
P.K.MOHAMED JAMEEL
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 IDRECTOR OF PANCHAYAT,
CIVIL STATION, COLLECTORATE P.O.
KOTTAYAM-686 002
4 CHIRAKADAVU GRAMA PANCHAYAT,
PONKUNNAM P.O.KOTTAYAM-686 506,
REPRESENTED BY ITS SECRETARY
5 THE SECRETARY,
CHIRAKADAVU GRAMA PANCHAYAT, PONKUNNAM
P.O.KOTTAYAM-686 506.
BY ADVS.
MATHEW JOHN (K)
ABY J AUGUSTINE
-2-
W.P.(C). No. 7547 of 2022
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. 7547 of 2022
P.V.KUNHIKRISHNAN, J.
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W.P.(C) No. 7547 of 2022
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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
Exhibit P-3 demand notice and P-6 reminder demand
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 within
such time frame as may be fixed by this Hon'ble
Court,
(iii) 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)
2. The petitioner is the successful bidder for the tender
for collecting fees from private bus operators using the services
of Ponkunnam Bus stand for the financial year 2020-21,
W.P.(C). No. 7547 of 2022
conducted the 4th respondent for a total amount of
Rs.5,66,100/-. The amount was allowed to be remitted in
installments and hence the first installment payment of
Rs.2,50,000/- was paid in advance. Due to national lockdowns
of 2020 and subsequent restrictions, the collections were badly
affected. Hence petitioner submitted a request to the 4 th
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 P1
decided to allow remission and sent the same for approval from
the 1st respondent as per rule 5(4). The approval is awaited.
Thereafter the petitioner was served with Ext P3 demanding the
entire contract amount 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.P4 request for considering remission for the
W.P.(C). No. 7547 of 2022
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 4th respondent Panchayat. I also heard
the Government Pleader.
4. The counsel for the petitioner reiterated his
contentions in the writ petition. The counsel for the 4 th
respondent submitted that the Panchayat already passed Ext.P1
resolution and the decision from the 1 st respondent is awaited.
But the counsel for the petitioner submitted that in the light of
Ext.P8 Government Order, the Panchayat can decide the matter,
without any prior approval from the Government. If that be so,
there can be a direction to the Panchayat to consider Ext.P4 and
pass appropriate orders, in accordance to law.
W.P.(C). No. 7547 of 2022
Therefore, this writ petition is disposed of with the
following directions:
1. The 4th respondent is directed to consider Ext.P4 in
the light of Ext.P8 Government Order, and pass
appropriate orders in it, after giving an opportunity of
hearing to the petitioner, as expeditiously as possible,
at any rate, within one month from the date of receipt
of a copy of this judgment.
2. If any remission is allowed, the amount already
deposited as directed by this Court, will be adjusted.
sd/-
P.V.KUNHIKRISHNAN
JUDGE
das
W.P.(C). No. 7547 of 2022
APPENDIX OF WP(C) 7547/2022
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE DECISION TAKEN IN THE
MEETING OF THE PANCHAYAT DATED
11.9.2020
Exhibit P2 TRUE COPY OF THE REPRESENTATION MADE
TO THE 3RD RESPONDENT DATED 17.1.2021
Exhibit P3 TRUE COPY OF THE DEMAND NOTICE DATED
28.12.2021 ISSUED BY THE 5TH
RESPONDENT
Exhibit P4 TRUE COPY OF THE REPLY GIVEN BY THE
PETITIONER DATED 2.2.2022
Exhibit P5 TRUE COPY OF THE REMINDER NOTICE DATED
28.2.2022 OF THE 5TH RESPONDENT
Exhibit P6 TRUE COPY OF KERALA PANCHAYAT RAJ
(GRANTING OF REMISSION TO CONTRACTORS
AND LESSESS) RULES 1998
Exhibit P7 TRUE COPY OF THE INTERIM ORDER IN WPC
NO 16211/2021 DATED 12.8.2021
Exhibit P8 TRUE COPY OF THE GO(ORDINARY)
NO.1410/2021/LSGD DATED 27-07-2021
RESPONDENT EXHIBITS
exhibit R4(a) True copy of the said resolution is
produced herewith and may be marked as
Exhibit.R4(a)
