P.J. Joseph vs 1. The State Of Kerala Rep. By ...
2023 Latest Caselaw 9370 Ker

WP(C) NO. 28823 OF 2023                  1



                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                        PRESENT
             THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
      FRIDAY, THE 25TH DAY OF AUGUST 2023 / 3RD BHADRA, 1945
                            WP(C) NO. 28823 OF 2023
PETITIONER/S:
          P.J. JOSEPHAGED 88 YEARSS/O JOSEPH, PULIMOOTTIL
          HOUSE, CHEMBANA, MALAMPUZHA, PALAKKAD DISTRICT., PIN
          - 678651

               BY ADVS.
               RAJESH SIVARAMANKUTTY
               MAYA C.P.
               K.V.ANTONY
               VIJINA K.
               ARUL MURALIDHARAN


RESPONDENT/S:
    1     1. THE STATE OF KERALA REP. BY SECRETARYIRRIGATION
          DEPARTMENT, THIRUVANANTHAPURAM,, PIN - 695001

      2        THE EXECUTIVE ENGINEER, IRRIGATION DIVISION,
               MALAMPUZHA, PALAKKAD,, PIN - 678651


OTHER PRESENT:
          SMT. VIDYA KURIAKOSE, GP


       THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   25.08.2023,          THE   COURT    ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO. 28823 OF 2023                2




                       P.V.KUNHIKRISHNAN, J
                   ---------------------------------------
                    W.P.(C.) No. 28823 of 2023
                    --------------------------------------
               Dated this the 25th day of August, 2023


                                   JUDGMENT

The above writ petition is filed with following prayers :

(i) call for the records leading to Exhibit P-9 and quash the same by issuance of a Writ of Certiorari or any other appropriate Writ Order or Direction

(ii) issue a Writ of Mandamus or any other Writ in the like nature Direction or Order commanding the 1 st and 2nd Respondent to conduct enquiry in terms of the rehabilitation provisions under Persons with Disabilities (Equal Opportunity Protection of Rights and Full Participation) Act1995 as well as the Rights of Persons with Disabilities Act 2016 within a time frame, before fixing rent in terms of extended agreement pursuant to Exhibit P-2;

(iii) dispense with filing of the translation of vernacular documents;

(iv) to pass such other orders fit and proper in the facts and circumstances of the case and that may be prayed hereafter."[SIC]

2. The petitioner is a person having 55% visual

disability. It is the case of the petitioner that he was allotted a

stall near Malampuzha dam and he is conducting the stall

from 1996. It is the case of the petitioner that the licence fees

from 2010 was at the rate of Rs.4,000/- for 12 months. Now, it

is stated that a recovery notice is issued enhancing the rent

without notice to the petitioner. Hence, this writ petition.

3. Heard the learned counsel for the petitioner and the

learned Government Pleader.

4. I do not want to make any observation about the

merit of the case. The petitioner already submitted Ext. P8

before the 2nd respondent. I think there can be a direction to

the 2nd respondent to consider the same. Till then, recovery

can be deferred.

Therefore, this writ petition is disposed of with the

following directions :

1) The 2nd respondent is directed to consider and pass

appropriate orders in Ext.P8 after giving an opportunity

of hearing to the petitioner as expeditiously as possible,

at any rate, within six weeks from the date of receipt of a

certified copy of this judgment.

2) Till final orders are passed in Ext.P8, the recovery based

on Ext.P9 shall be deferred.

3) The petitioner will produce a certified copy of this

judgment along with a copy of this writ petition before

the 2nd respondent for compliance.

sd/-

P.V.KUNHIKRISHNAN JUDGE SKS

APPENDIX OF WP(C) 28823/2023 PETITIONER EXHIBITS

Exhibit TRUE COPY MEDICAL CERTIFICATE FOR PHYSICALLY HANDICAPPED ISSUED BY THE MEDICAL OFFICER, DISTRICT HOSPITAL, PALAKKAD.

Exhibit - P 2 TRUE COPY OF AGREEMENT NO. 3/STALL/2010

-2011 DATED 21-4-2010 ENTERED INTO BETWEEN THE PETITIONER AND 2 ND RESPONDENT.

Exhibit P3 TRUE COPY OF THE LETTER DATED 8-10-2016 ISSUED BY THE PETITIONER TO THE 1 ST RESPONDENT THROUGH 2 ND RESPONDENT.

Exhibit P4 P-4: TRUE COPY OF THE JUDGMENT DATED 21-

12-2021 IN W.P.(C) NO. 34524/2016 PASSED BY THIS HONOURABLE COURT.

Exhibit P5 TRUE COPY OF THE LETTER DATED 7-1-2021 SUBMITTED BY THE PETITIONER BEFORE THE 2 ND RESPONDENT

Exhibit P6 TRUE COPY OF THE LETTER DATED 11-4-2022 IN NO.A6/34524/2016 ISSUED BY THE 2 ND RESPONDENT TO THE PETITIONER.

Exhibit P7 TRUE COPY OF THE CHALAN DATED 27-4-2022 ISSUED FROM THE DISTRICT TREASURY, PALAKKAD TO THE PETITIONER

Exhibit P8 TRUE COPY OF THE LETTER DATED 10-7-2023 SUBMITTED BY THE PETITIONER BEFORE THE 2 ND RESPONDENT

Exhibit P9 TRUE COPY OF THE LETTER NO. A6-

REHABILITATION STALL/2023 DATED 31-7-2023.