P.P. Purushothaman vs State Of Kerala Represented By Its ...
2023 Latest Caselaw 2436 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
     FRIDAY, THE 24TH DAY OF FEBRUARY 2023 / 5TH PHALGUNA, 1944
                          WP(C) NO. 6405 OF 2023
PETITIONER:
              P.P. PURUSHOTHAMAN
              AGED 77 YEARS
              S/O. PADMANABHAN, KALARICKAL PUNNAPARAMBIL,
              THEKKE GOKULAM, KOTTAYAM, PIN - 686001
              BY ADVS.
              D.KISHORE
              MEERA GOPINATH
              R.MURALEEKRISHNAN (MALAKKARA)
              ATHUL V. VADAKKEDOM


RESPONDENTS:
     1     STATE OF KERALA REPRESENTED BY ITS PRINCIPAL SECRETARY TO
           GOVERNMENT
           LOCAL SELF GOVERNMENT DEPARTMENT,
           GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
     2        THE DISTRICT COLLECTOR
              COLLECTORATE, KOTTAYAM, PIN - 686002
     3        THE DEPUTY COLLECTOR, (REVENUE RECOVERY)
              COLLECTORATE, KOTTAYAM, PIN - 686002
     4        THE KOTTAYAM MUNICIPALITY,
              REPRESENTED BY ITS MUNICIPAL SECRETARY
              P.B. NO. 200, KOTTAYAM, PIN - 686001
     5        THE MUNICIPAL SECRETARY
              KOTTAYAM MUNICIPALITY, P.B. NO. 200,
              KOTTAYAM, PIN - 686001
     6        THE MUNICIPAL COUNCIL
              KOTTAYAM MUNICIPALITY P.B. NO. 200, KOTTAYAM-686001
              REPRESENTED BY ITS CHAIRMAN, PIN - 686001
              BY ADV AJIT JOY
              SMT.PARVATHY.K-GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.02.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 6405 OF 2023                2




                                 JUDGMENT

Dated this the 24th day of February, 2023

This writ petition is filed challenging Ext.P5 order and seeking

directions to respondents 4 to 6 to grant the benefit of Ext.P10 order

to the petitioner and to recompute the amounts payable by him.

2. It is submitted by the learned counsel for the petitioner that

Ext.P16 memorandum of appeal has also been preferred by the

petitioner before the Government in pursuance of Ext.P15 order of

the District Collector and the same is liable to be considered with

notice to the petitioner as well as the Municipality and till such time,

the coercive proceedings against the petitioner should be kept in

abeyance.

3. It is submitted that the petitioner had participated in the

public auction for levy of parking fees at the vegetable market

Kottayam and had been temporarily awarded the work by Ext.P2. It

is submitted that the petitioner could not levy the parking fees

because of the 2nd lock down imposed by the Government from

8/5/2021 in connection with the COVID pandemic and as such he was

entitled to the benefit of Ext.P10 Government order dated 29/6/2020.

It is submitted that this aspect is also known to the Municipality but

that they issued Ext.P5 order and initiated revenue recovery

proceedings against the petitioner without considering the actual

situation. It is contended that pursuant to Ext.P15 order passed by

the District Collector, Ext.P16 representation has been preferred by

the petitioner before the Government which is liable to be considered

with notice to the Municipality as well.

4. Having considered the contentions advanced and having heard

the learned Government Pleader as well as the learned Standing

Counsel for the Municipality, there will be a direction to the 1st

respondent to take up Ext.P16 preferred by the petitioner and to

consider and pass orders on the same, within a period of four

months from the date of receipt of a copy of this judgment.

Further coercive proceedings against the petitioner, pursuant to

Ext.P5, shall be kept in abeyance till then.

Sd/-

ANU SIVARAMAN JUDGE ska

APPENDIX OF WP(C) 6405/2023

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE TENDER NOTIFICATION NO.R6-

530/2021 DATED 19.2.2021 ISSUED BY THE 5 TH RESPONDENT

Exhibit P2 TRUE COPY OF THE TEMPORARY CONSENT LETTER NO.R6- 530/2021 DATED 30.3.2021 ISSUED BY THE 5 TH RESPONDENT TO THE PETITIONER

Exhibit3 TRUE COPY OF THE NOTICE NO. R6- 530/2021 DATED 15.7.2021 ISSUED BY THE 5 TH RESPONDENT TO THEPETITIONER

Exhibit P4 TRUE COPY OF THE REPRESENTATION DATED 4.2.2022 SUBMITTED BY THE PETITIONER BEFORE THE 5 TH RESPONDENT

Exhibit P5 TRUE COPY OF THE FINAL NOTICENO.R6-530/2021(6) DATED 14.3.2022 ISSUED BY THE 5 TH RESPONDENT TO THE PETITIONER

Exhibit P6 TRUE COPY OF THE REQUEST IN FORM NO.24 DATED 18.6.2022 MADE BY THE RESPONDENTS 4 AND 5 BEFORE THE 2 ND RESPONDENT

Exhibit P7 TRUE COPY OF THE DEMAND NOTICE IN FORM NO.10 ALONG WITH THE CERTIFICATE FOR RECOVERY IN FORM NO.25 DATED 27.6.2022 ISSUED BY THE 3 RD RESPONDENT

Exhibit P8 TRUE COPY OF THE OBJECTION DATED 30.8.2022 SUBMITTED BY THE PETITIONER BEFORE THE 2 ND RESPONDENT

Exhibit P9 TRUE COPY OF THE REPORT NO. R6-530/2021(6) DATED 27.9.2022 SUBMITTED BY THE 5 TH

RESPONDENT BEFORE THE 2 ND RESPONDENT

Exhibit P10 TRUE COPY OF THE G.O.(MS) NO. 1278/2020/LSGD DATED 29.6.2020 ISSUED BY THE 1 ST RESPONDENT

Exhibit P11 TRUE COPY OF THE PROCEEDINGS NO.DCKTM/9128/2022-B6 DATED 10.10.2022 ISSUED BY THE 2 NDRESPONDENT TO THE TAHSILDAR (RR), KOTTAYAM

Exhibit P12 TRUE COPY OF THE REVENUE RECOVERY STATUS DETAILS WITH RESPECT TO THE PETITIONER DATED NIL

Exhibit P13 TRUE COPY OF THE NOTICE DATED NIL ISSUED BY THE 3 RD RESPONDENT TO THE PETITIONER

Exhibit P14 TRUE COPY OF THE RELEVANT EXTRACT OF THE OBJECTION DATED 12.12.2022 SUBMITTED BY THE PETITIONER BEFORE THE 2 ND RESPONDENT

Exhibit P15 TRUE COPY OF THE PROCEEDINGS NO.DCKTM/9128/2022-B6 DATED 21.12.2022 ISSUED BY THE 2 ND RESPONDENT TO THE PETITIONER

Exhibit P16 TRUE COPY OF THE MEMORANDUM OF APPEAL DATED 10.2.2023 ALONG WITH THE STAY PETITION SUBMITTED BY THE PETITIONER BEFORE THE 1 ST RESPONDENT

Exhibit P16(a) TRUE COPY OF THE POSTAL ACKNOWLEDGEMENT RECEIPT EVIDENCING THE ACCEPTANCE OF EXHIBITP16 BY THE 1 ST RESPONDENT