Joseph Jude vs State Of Kerala
2023 Latest Caselaw 8095 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
              THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
        MONDAY, THE 31ST DAY OF JULY 2023 / 9TH SRAVANA, 1945
                         WP(C) NO. 6497 OF 2023
PETITIONER:

           JOSEPH JUDE
           AGED 56 YEARS
           S/O. JOSEPH, PAZHEKKATT HOUSE, PALAMATTOM ROAD,
           EDAKOCHI, ERNAKULAM, PIN - 682006
           BY ADV THOMSTINE K.AUGUSTINE


RESPONDENTS:

    1      STATE OF KERALA
           REPRESENTED BY ITS SECRETARY, DEPARTMENT OF HARBOUR
           ENGINEERING, GOVERNMENT SECRETARIAT,
           THIRUVANANTHAPURAM, PIN - 695001
    2      THE CHIEF ENGINEER,
           HARBOUR ENGINEERING DEPARTMENT,
           THIRUVANANTHAPURAM, PIN - 695001
    3      THE ASSISTANT EXECUTIVE ENGINEER
           OFFICE OF THE ASSISTANT EXECUTIVE ENGINEER, HARBOUR
           ENGINEERING DEPARTMENT, FISHERY HARBOUR ENGINEERING SUB
           DIVISION, PUTHIYAPPA, PUTHIYANGADI P.O.,
           KOZHIKODE, PIN - 673021
           BY ADV.



           SMT. VIDYA KURIAKOSE, GP



     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
31.07.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO.6497 OF 2023


                                  2



                P.V.KUNHIKRISHNAN, J.
                 ------------------------------
                W.P.(C) No.6497 of 2023
         ----------------------------------------------
        Dated this the 31st day of July, 2023



                        JUDGMENT

The above writ petition is filed with the following

prayers:

"i) Call for records leading to issuance of Exhibit P-6 Notice/order dated 16.02.2023 from the 3rd respondent and quash Exhibit P-6 Notice/order by issuing a Writ of Certiorari, or any other appropriate Writ, Order or Direction.

ii) Petitioner also prays that this Hon'ble Court may be pleased to dispense with the Engilsh translation of the documents produced in the Vernacular Language.

and

iii) Such other reliefs as deem fit and proper by this Hon'ble Court in the facts and circumstances of the case."[SIC] WP(C) NO.6497 OF 2023

2. The main prayer in this writ petition is

against Ext.P6 notice from the 3 rd respondent and to

quash the same. As per Ext.P6, the petitioner was

directed to remove the water tank and other allied

equipments from the Chombal Harbour.

3. Heard the learned counsel appearing for the

petitioner and the learned Government Pleader.

4. The counsel for the petitioner reiterated the

contentions in this writ petition. The learned

Government Pleader submitted that Ext.P6 order is

passed after several round of notices issued to the

petitioner. There was no reply from the petitioner. On

an earlier occasion the petitioner approached this

Court and this Court passed Ext.P5 judgment in which

it is stated that, those are only notices and the

petitioner has to file reply. Eventhen, there is no reply

or objection submitted by the petitioner is the

submission. Hence, Ext.P6 notice is issued. The WP(C) NO.6497 OF 2023

counsel for the petitioner submitted that the petitioner

is ready to submit his reply to Ext.P6 within a time

frame and there may be a direction to consider the

same with notice to the petitioner.

5. After hearing both sides, I think this writ

petition can be disposed of allowing the petitioner to

submit his objection to Ext.P6 within a time frame and

there can be a direction to the 3 rd respondent to

consider that objection and pass appropriate orders in

it, after giving an opportunity of hearing to the

petitioner. If no objection is received, the 3 rd

respondent is free to proceed in accordance to law.

Therefore, this writ petition is disposed of

with the following directions:

i. The petitioner is allowed to submit his

objection to Ext.P6 to the 3 rd respondent within ten

days from the date of receipt of a certified copy of

this judgment.

WP(C) NO.6497 OF 2023

ii. Once such an objection is received, the

3rd respondent will consider the same and pass

appropriate orders in it, after giving an opportunity

of hearing to the petitioner, as expeditiously as

possible, at any rate, within a period of three

weeks from the date of receipt of the objection.

iii. The petitioner will produce a certified

copy of this judgment along with a copy of this

writ petition before the 3rd respondent for

compliance.

iv. Till final orders are passed, all further

proceedings based on Ext.P6 shall be deferred.

Sd/-

P.V.KUNHIKRISHNAN nvj JUDGE WP(C) NO.6497 OF 2023

APPENDIX OF WP(C) 6497/2023

PETITIONER EXHIBITS Exhibit P-1 TRUE COPY OF THE ACKNOWLEDGMENT FOR RECEIPT OF MONEY ISSUED BY THE 3RD RESPONDENT Exhibit2 TRUE PHOTOGRAPH SHOWING THE LOCKER ROOM AND THE SMALL WATER TANK PLACED IN FRONT OF THE LOCKER ROOM Exhibit P-3 TRUE COPY OF THE NOTICE DATED 16/12/2022 AFFIXED AT THE WALL OF THE LOCKER ROOM BY THE 3RD RESPONDENT Exhibit P-4 TRUE COPY OF THE NOTICE DATED 22.12.2022 ISSUED BY THE 3RD RESPONDENT Exhibit P-5 TRUE COPY OF THE JUDGMENT DATED 19/1/2023 IN WP(C ) NO. 1784/2023 OF THIS HON'BLE COURT Exhibit P-6 TRUE COPY OF THE NOTICE DATED 16.2.2023 ISSUED BY THE 3RD RESPONDENT

RESPONDENTS EXHIBITS :NIL

//TRUE COPY// PA TO JUDGE