Shamna K. Shamsudeen vs The Erattupetta Municipality ...
2023 Latest Caselaw 9387 Ker

             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. 28640 OF 2023
PETITIONERS:

             SHAMNA K. SHAMSUDEEN, AGED 30 YEARS
             W/O. RIYAS, MADUKKALAPPIL (H), NADACKAL P.O,
             ERATTUPETTA, KOTTAYAM, PIN - 686121
             BY ADVS.
             V.K.PEERMOHAMED KHAN
             GIRISH KUMAR V.C
             ASNA M.B.


RESPONDENTS:

     1       THE ERATTUPETTA MUNICIPALITY REPRESENTED BY ITS
             SECRETARY, MUNICIPALITY OFFICE, ERATTUPETTA, PIN -
             686121
     2       THE CIRCLE INSPECTOR OF POLICE, ERATTUPETTA POLICE
             STATION, ERATTUPETTA, PIN - 686121
     3       SUB INSPECTOR OF POLICE, ERATTUPETTA POLICE STATION
             ERATTUPETTA, PIN - 686121
OTHER PRESENT:

             SRI.SUNIL V.MOHAMMED FOR R1,
             SRI. RAJEEV JYOTHISH GEORGE, GP


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   25.08.2023,   THE   COURT    ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WPC 28640/2023                             2




                   P. V. KUNHIKRISHNAN, J.
                -------------------------------------------
                    WP(C).No.28640 of 2023
                -------------------------------------------
             Dated this the 25th day of August, 2023

                               JUDGMENT

The above writ petition is filed with the following prayers:

1. Issue a writ of mandamus or other appropriate writ, order or direction commanding respondents 2 and 3 to afford adequate and effective police protection on any dates as is required for smooth and speedy completion of works as per Ext-P.3 plan and schedule of the 1st respondent and pursuant to Ext-P.1 agreement and P.2 order as requested in ExhibitP.5 submitted by the petitioner;

2. Mould and grand such other reliefs which this Honourable Court deems just and necessary and that may be prayed for by the petitioner while hearing the Writ Petition.

3. Direct the respondents to pay the costs of the petition.

[SIC]

2. The petitioner is a women entrepreneur and a contractor

who used to take up various works allotted by the 1st respondent. It is

the case of the petitioner that the 1 st respondent allotted the work for

beautification of Kurickal Nagar in Ward No.20 as part of city

beautification and thereon Ext.P1 agreement was entered into and

the site also handed over as per Ext.P2. Pursuant to Exts.P1 and P2,

petitioner made all arrangements for executing the work and

procured the materials for the same in tune with the specifications of

the plan and schedule prepared by the 1 st respondent/Municipality.

The petitioner apprehending obstruction for starting the work.

Hence this writ petition.

3. Heard learned counsel for the petitioner, learned

Standing Counsel appearing for the 1 st respondent and the learned

Government Pleader.

4. The learned Standing Counsel appearing for the 1 st

respondent submitted that the work was allotted to the petitioner

and Ext.P1 is the agreement. The petitioner is duty bound to

complete the work as per Ext.P1 agreement. If that is the case, if

there is any obstruction from anybody, the petitioner can approach

the 2nd respondent with a complaint and the 2 nd respondent will do

the needful to see that there is no obstruction for completing the

work as per Ext.P1.

Therefore this writ petition is disposed of with the following

directions:

(i) If there is any apprehension of obstruction from anybody for completing the work mentioned in Ext.P1 agreement, the petitioner is free to approach the 2nd respondent and if such a representation is received, the 2nd respondent will do the needful to see that the work as mentioned in Ext.P1 is completed by the petitioner without any obstruction from anybody.

(ii) 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 Sbna/

APPENDIX OF WP(C) 28640/2023

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE AGREEMENT DATED 02.08.2023 FOR THE WORK OF CITY BEAUTIFICATION OF KURICKAL NAGAR BETWEEN THE PETITIONER AND THE 1ST RESPONDENT MUNICIPALITY Exhibit P2 TRUE COPY OF THE ACKNOWLEDGEMENT FORM OF HANDING OVER THE SITE DATED 16.08.2023 Exhibit P3 TRUE COPY OF THE DESIGN FORMULATED FOR THE PROJECT Exhibit P4 TRUE COPY OF THE JUDGMENT DATED 16.03.2020 IN W.P(C) NO. 34322/2016 ON THE FILES OF THIS HON'BLE COURT Exhibit P5 TRUE COPY OF THE REQUEST DATED 19.08.2023 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT