Sajitha D vs The District Tourism Promotion ...
2022 Latest Caselaw 5701 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
         THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
  FRIDAY, THE 27TH DAY OF MAY 2022 / 6TH JYAISHTA, 1944
                       WP(C) NO. 16787 OF 2022
PETITIONER/S:

               SAJITHA D., AGED 41 YEARS
               W/O. DHARMAJAN, THE MANAGING PARTNER, DREAMZ
               INFOTECH,
               KING CITY ARCADE, KARUNAGAPALLY, KOLLAM, PIN:
               690 518.
               BY ADVS.
               K.R.VINOD
               M.S.LETHA
               K.S.SREEREKHA
               NABIL KHADER
RESPONDENT/S:

    1          THE DISTRICT TOURISM PROMOTION COUNCIL
               KOLLAM, REPRESENTED BY ITS SECRETARY, NEAR KSRTC
               BUS STAND, KOLLAM, PIN: 691 001.
    2          THE DISTRICT COLLECTOR,
               OFFICE OF THE DISTRICT COLLECTOR, KOLLAM, PIN:
               691 001.
    3          THE TAHSILDAR AND INCIDENT COMMANDER,
               KARUNAGAPALLY, KOLLAM, PIN: 690 518.
    4          PRAMOD. S.,AGED 50 YEARS
               EDAYILA VEEDU, NAMBARUVIKALA P.O.,
               KARUNAGAPALLY, KOLLAM, PIN: 690 573.
OTHER PRESENT:

               SMT.VIDYA KURIAKOSE, GP
        THIS    WRIT   PETITION     (CIVIL)    HAVING    COME    UP    FOR
ADMISSION       ON   27.05.2022,    THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
                                                      -2-
W.P.(C). No. 16787 of 2022



                             P.V.KUNHIKRISHNAN, J.
                             ======================================================

                              W.P.(C) No. 16787 of 2022
                       =============================================================

                    Dated this the 27th day of May, 2022

                                          JUDGMENT

The above writ petition is filed with following prayers:

i) To issue a writ of mandamus directing the 1 st and 2nd respondents to provide 6 months more time to function the Green Channel Tourist Facilitation Centre at Alumkadavu, Karunagappally, Kollam, subject matter of Ext.P1 Agreement in view of the loss of its possession by the petitioner due to flood and Covid-19 pandemic, by considering Ext.P6 representation submitted by the petitioner.

ii) To issue any other writ or direction appropriate in the circumstances of this case." (Sic)

2. The petitioner has participated in the tender invited

by the 1st respondent in 2017 to operate Green Channel Tourist

Facilitation Centre at Alumkadavu, Karunagappally, Kollam

and became the successful bidder. Accordingly, the licence

agreement was executed between the petitioner and the 1 st

respondent on 28.04.2018 to run the Green Channel Tourist

W.P.(C). No. 16787 of 2022

Facilitation Centre, at Alumkadavu, Karunagappally for a

period of 12 months with effect from 28.04.2018 and a

cumulative 15% increase from existing rate in each year if

extended, for a maximum of total period of 3 years. According

to the petitioner, he was not able to start the centre because of

certain circumstances, which is mentioned in the writ petition.

The prayer of the petitioner is for extension of the licence

period. The petitioner already submitted Ext.P6 representation.

3. Heard the counsel for the petitioner and the learned

Government Pleader.

4. This Court considered Ext.P5. From Ext.P5 it is

clear that the licence period of the petitioner is expiring only on

30.05.2022. If that be so, the competent authority among the

respondents can consider Ext.P6 before the expiry of the licence

period. The petitioner already narrated his grievance in Ext.P6

representation. The petitioner can appear before the 1st

W.P.(C). No. 16787 of 2022

respondent on 28.05.2022 and the 1st respondent will consider

Ext.P6 and pass appropriate orders in it on or before 30.05.2022

and intimate the order to the petitioner.

Therefore, this writ petition is disposed of in the following

manner:

1. The petitioner will appear before the 1st respondent with a copy of this judgment together with a copy of this writ petition, tomorrow (28.05.2022).

2. The 1st respondent will consider Ext.P6 representation and pass appropriate orders in it, after giving an opportunity of hearing to the petitioner, on or before 30.05.2022.

3. The tender proceedings, if any, already started will be subject to the result of the decision in Ext.P6 representation. sd/-

P.V.KUNHIKRISHNAN JUDGE das

W.P.(C). No. 16787 of 2022

APPENDIX OF WP(C) 16787/2022

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE LICENCE AGREEMENT EXECUTED BETWEEN THE PETITIONER AND THE 1ST RESPONDENT DATED 28.04.2018.

Exhibit P2 TRUE COPY THE LETTER ISSUED BY THE ASST. ENGINEER, IRRIGATION SECTION, KARUNAGAPALLY TO THE PETITIONER UNDER THE PROVISIONS OF RIGHT TO INFORMATION ACT, DATED 18.05.2022.

Exhibit P3 TRUE COPY OF THE PROCEEDINGS OF THE 3RD RESPONDENT DATED 06.05.2020 BY WHICH THE RESORT OF THE PETITIONER WAS TAKEN AS QUARANTINE CENTER.

Exhibit P4 TRUE COPY OF THE PROCEEDINGS OF THE 3RD RESPONDENT DATED 27.10.2020.

Exhibit P5 TRUE COPY OF THE LETTER ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER DATED 21.02.2022.

Exhibit P6 TRUE COPY OF THE WRITTEN REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 16.05.2022, ACKNOWLEDGED BY THE BY THE 1ST RESPONDENT ON 20.05.2022