Dr. M. M. Khan vs State Of Kerala
2023 Latest Caselaw 4589 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
     WEDNESDAY, THE 12TH DAY OF APRIL 2023 / 22ND CHAITHRA, 1945
                         WP(C) NO. 13192 OF 2023
PETITIONER:

              DR. M. M. KHAN
              AGED 80 YEARS
              DIRECTOR, Y-SHAKH PROJECT MANAGEMENT AND CONSULTANCY
              SERVICE, NALANDA NAGAR-97, THIRUMULLAVARAM PO, KOLLAM,
              PIN - 691012

              BY ADVS.
              C.R.JAYAKUMAR
              NOBEL RAJU
              ABHIRAMI.R



RESPONDENTS:

     1        STATE OF KERALA
              REPRESENTED BY THE SECRETARY, DEPARTMENT OF LOCAL SELF
              GOVERNMENT, GOVERNMENT SECRETARIATE, THIRUVANANTHAPURAM,
              PIN - 695001

     2        THE SECRETARY
              KOLLAM MUNICIPAL CORPORATION, CHINNAKADA PO, KOLLAM.,
              PIN - 691001

     3        THE SUPERINTENDING ENGINEER
              KOLLAM MUNICIPAL CORPORATION, CHINNAKADA PO, KOLLAM,
              PIN - 691001

              BY ADV PUBLIC PROSECUTOR

              SMT.PARVATHY.K-GP




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
12.04.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 13192 OF 2023                         2




                                     JUDGMENT

Dated this the 12th day of April, 2023

This writ petition is filed seeking the following reliefs:-

i. To issue a Writ in the nature of mandamus or such other writ, direction or order call for the records and report from the 2nd & 3rd respondents related with the execution of Exhibit P4 MOU.

ii) To issue a Writ in the nature of mandamus directing the respondents 2 & 3 to consider Exhibit P9 demand notice and to disburse the service charges to the petitioner by complying the terms and conditions stipulated in Exhibit P4 MOU within the time frame as fixed by this Hon'ble Court.

iii) To issue a Writ in the nature of mandamus directing the 2nd respondent to file a report related with the impediments and delay for the non-installation of Modern Slaughtering Houses and waste management system within the limits of corporation area.

iv) To issue a Writ in the nature of mandamus directing the 4th respondent to initiate criminal proceedings against the 7th respondent for the continues illegal slaughtering and meat trading.

2. Heard the learned counsel for the petitioner and the learned

Standing Counsel appearing for the Corporation.

3. The learned counsel for the petitioner submits that the

petitioner has submitted Ext.P9 representation seeking payment of

service charges for the preparation of the DPR of the Proposed

Modern Slaughter House. It is submitted that Ext.P9 representation

has been submitted which is to be considered.

4. The learned Standing Counsel appearing for the respondent

submits that the representation can be considered in accordance with

law.

There will accordingly be a direction to the 3rd respondent to

take up Ext.P9 representation submitted by the petitioner and to

consider and pass orders on the same, in accordance with law,

within a period of two months from the date of receipt of a copy of

this judgment

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE ska

APPENDIX OF WP(C) 13192/2023

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE NOTICE NO. PW2-879/18 DATED 12/03/2018 ISSUED BY THE 3RD RESPONDENT.

Exhibit P2 TRUE COPY OF THE APPLICATION FOR THE EMPANELMENT OF CONSULTANT FOR THE PREPARATION OF DPR BEFORE THE 3RD RESPONDENT VIDES NO. YB- 511/2011/CONST/KLM/3 DATED 27/3/2018.

Exhibit P3 TRUE COPY OF THE REFERENCE LETTER NO.

YB/520/KLMC/2019 DATED 6/3/2019 ISSUED BY THE PETITIONER.

Exhibit P4 TRUE COPY OF THE MEMORANDUM OF UNDERSTANDING (MOU) DATED 9/5/2019 SIGNED BETWEEN 3RD RESPONDENT AND THE PETITIONER.

Exhibit P5 TRUE COPY OF THE WORK ORDER VIDES NO. PW2-

879/18 DATED 1/7/2019 ISSUED BY THE 3RD RESPONDENT.

Exhibit P6 TRUE COPY OF THE DPR FORWARDING LETTER NO. YB-

511/2017/CONST/KLM/10 DATED 11/11/2019.

Exhibit P7 TRUE COPY OF THE REMINDER LETTER DATED 28/11/2019 IN FAVOR OF THE 3RD RESPONDENT.

Exhibit P8 TRUE COPY OF THE REMINDER LETTER NO. YB-

511/2017/CONST/KLM DATED 19/03/2020 IN FAVOR OF THE 3RD RESPONDENT.

Exhibit P9 TRUE COPY OF THE DEMAND NOTICE INCORPORATED BILL OF SERVICE CHARGE DATED 25/3/2023 RS. 1,00,48,800/- FORWARDED TO THE 3RD RESPONDENT.