P.Imbichi Mammad vs Payyoli Municipality
2022 Latest Caselaw 7051 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
        THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
   FRIDAY, THE 17TH DAY OF JUNE 2022 / 27TH JYAISHTA, 1944
                      WP(C) NO. 15209 OF 2021


PETITIONER:

            P.IMBICHI MAMMAD,
            AGED 80 YEARS
            S/O,. MAMMI, PALOLI HOUSE, P.O. ULLIYERI,
            KOYILANDY VIA, KOZHIKODE DISTRICT-673315.

            BY ADVS.
            SANTHARAM.P
            REKHA ARAVIND
            P.G.GOKULNATH
            PAUL P. ABRAHAM

RESPONDENTS:

    1       PAYYOLI MUNICIPALITY,
            REPRESENTED BY ITS SECRETARY, PAYYOLI
            MUNICIPALITY, MUNICIPALITY ROAD, PAYYOLI,
            KOZHIKODE-673522.

    2       THE SECRETARY,
            PAYYOLI MUNICIPALITY, MUNICIPALITY ROAD, PAYYOLI,
            KOZHIKODE-673522.

    3       THE SECRETARY,
            LOCAL SELF GOVERNMENT DEPARTMENT,
            ROOM NO.201A 2ND FLOOR, ANNEX I, SECRETARIAT,
            THIRUVANANTHAPURAM-695001.

            SMT.K REETA KHADER, SC
            SMT.VIDYA KURIAKOSE, GP



     THIS     WRIT   PETITION    (CIVIL)     HAVING    COME    UP    FOR
ADMISSION     ON   17.06.2022,    THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 W.P.(C).No.15209/2021

                                  2




                   P.V.KUNHIKRISHNAN, J.
                    --------------------------------
                   W.P.(C).No.15209 of 2021
             ----------------------------------------------
            Dated this the 17th day of June, 2022


                           JUDGMENT

This writ petition is filed with following prayers:

i. Call for the records leading to the issuance of Exhibit P4 and P5 notice and quash the same by issuing a Writ of Certiorari.

ii. To issue a writ of mandamus directing 1 st respondent to return the money deposited by petitioner.

iii. To pass any order or direction as this Hon'ble Court deems fit and proper in the facts and circumstance of this Writ Petition.

(SIC)

2. This writ petition is filed mainly challenging Exts.P4

and P5. As per Exts.P4 and P5, the petitioner is directed to

execute the agreement and to pay the bid amount in

connection with the bidding of bus stand fee collection.

According to the petitioner, he is entitled refund of earnest

money deposit because he has not executed the agreement.

3. Heard the learned counsel for the petitioner and W.P.(C).No.15209/2021

the learned Standing Counsel for respondents 1 and 2. I also

heard the learned Government Pleader.

4. The learned counsel for the petitioner reiterated his

contentions in the writ petition. The learned Standing

Counsel for respondents 1 and 2 submitted that a statement is

filed. The learned Standing Counsel submitted that if the

petitioner has got any grievance, he can submit a

representation to the council of the 1 st respondent and the

same will be considered in accordance to law.

Therefore, this writ petition is disposed of in the

following manner:

1. The petitioner is free to file a representation

narrating his grievance raised in this writ

petition before the 1st respondent, within two

weeks from the date of receipt of a copy of this

judgment.

2. Once such a representation is received, the

council of the 1st respondent will consider the

same and pass appropriate orders in it, after

giving an opportunity of hearing to the W.P.(C).No.15209/2021

petitioner, as expeditiously as possible, at any

rate, within six weeks from the date of receipt

of the representation.

3. All the contentions raised by the petitioner in

this writ petition are left open.

sd/-

P.V.KUNHIKRISHNAN JV JUDGE W.P.(C).No.15209/2021

APPENDIX OF WP(C) 15209/2021

PETITIONER EXHIBITS Exhibit P1 PHOTOCOPY OF APPLICATION SUBMITTED BY PETITIONER TO 1ST RESPONDENT DATED 04/05/2020.

Exhibit P2 PHOTOCOPY OF NOTICE ISSUED BY 2ND RESPONDENT PRE DATED 30/03/2020. Exhibit P3 PHOTOCOPY OF ENVELOPE BEARING THE DATE OF REGISTERING EXHIBIT P2 INDICATING DATE 13/05/2020.

Exhibit P4 PHOTOCOPY OF NOTICE DATED 04/06/2020 ISSUED BY 2ND RESPONDENT.

Exhibit P5 PHOTOCOPY OF NOTICE DATED 04/01/2021. Exhibit P6 PHOTOCOPY OF NOTICE ISSUED BY KOZHIKODE MUNICIPAL CORPORATION TO PRINCIPAL SECRETRY, LSGD, TRIVANDRUM DATED 10/12/2020.