T.K.Bose vs State Of Kerala
2022 Latest Caselaw 5578 Ker

Citation : 2022 Latest Caselaw 5578 Ker
Judgement Date : 26 May, 2022

Kerala High Court

T.K.Bose vs State Of Kerala on 26 May, 2022

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
        THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
   THURSDAY, THE 26TH DAY OF MAY 2022 / 5TH JYAISHTA, 1944
                      WP(C) NO. 35982 OF 2016
PETITIONER:

            T.K.BOSE
            AGED 63 YEARS
            S/O. KANNUKUTTY, THURUTHIL HOUSE,
            THELETHURUTHU, NORTH KUTHIATHODE,
            NORTH PARAVOOR.
            BY ADVS.
            SRI.ANTONY SHYJU
            SRI.ABHIJETT LESSLI
            SRI.AJITH GEORGE

RESPONDENTS:

    1       STATE OF KERALA
            REPRESENTED BY THE CHIEF SECRETARY,
            GOVT.SECRETARIAT,
            THIRUVANANTHAPURAM, PIN-695005.
    2       THE GREATER COCHIN DEVELOPMENT AUTHORITY
            REPRESENTED BY ITS SECRETARY,
            KADAVANTHRA, KOCHI-682020.
            BY ADVS.SMT.DEEPA NARAYANAN, SR.GOVERNMENT PLEADER
            SRI.VIPIN P.VARGHESE, SC, GCDA
            M.K.THANKAPPAN, SC, GCDA


     THIS     WRIT   PETITION    (CIVIL)     HAVING    COME    UP    FOR
ADMISSION     ON   26.05.2022,    THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 W.P.(C).No.35982/2016

                                  2




                   P.V.KUNHIKRISHNAN, J.
                    --------------------------------
                   W.P.(C).No.35982 of 2016
             ----------------------------------------------
            Dated this the 26th day of May, 2022


                           JUDGMENT

This writ petition is filed with following prayers:

i. Issue a writ of certiorari and quash the Exhibit P-

5 arbitrary and illegal order that was passed by the 2nd respondent without proper application of mind.

ii. Issue a writ of mandamus directing the 2nd respondent to release accrued interest on the amount deposited by Late Omana to the petitioner consistent with the account statement maintained by them.

iii. Issue a writ of mandamus directing the 2nd respondent to pay an amount of Rs.10 lakhs as compensation for the concealment of the real facts from the petitioner as well as from his relatives.

iv. Issue a writ of mandamus or any other writ directing the 2nd respondent to produce the auction records relating to the reallottment of plot No.22 held on 1989.

W.P.(C).No.35982/2016

v. To issue any other writ or relief this Hon'ble court deem fit and proper in the circumstance of the case.

(SIC)

2. Petitioner is aggrieved by Ext.P5 order by which

the petitioner is denied interest. Today, when this writ

petition came up for consideration, the learned counsel for the

petitioner submitted that he will be satisfied if a direction is

given to the 2nd respondent to consider the question of interest

and the petitioner is ready to submit a representation for the

same. The learned Standing Counsel for the 2 nd respondent

also submitted that if any representation is received, 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 to the 2nd respondent,

within two weeks from the date of receipt of a

copy of this judgment.

2. Once such a representation is received, the 2 nd

respondent will consider the same and pass

appropriate orders in it in accordance to law, W.P.(C).No.35982/2016

after giving an opportunity of hearing to the

petitioner, as expeditiously as possible, at any

rate, within two months from the date of

receipt of the representation.

sd/-

P.V.KUNHIKRISHNAN JV JUDGE W.P.(C).No.35982/2016

APPENDIX OF WP(C) 35982/2016

PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE REPLY DATED 1-10-2012 SENT TO THE RELATIVE OF THE PETITIONER BY THE 2ND RESPONDENT.

EXHIBIT P2 TRUE COPY OF THE JUDGMENT DATED 22-12-