Nithya M.P vs The Kerala State Women’S ...
2023 Latest Caselaw 6157 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
       THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
  MONDAY, THE 12TH DAY OF JUNE 2023 / 22ND JYAISHTA, 1945
                    WP(C) NO. 10938 OF 2023
PETITIONER/S:
          NITHYA M.P, AGED 34 YEARS
          W/O. RATHEESH N.N, MAVELIMANA HOUSE, EAST
          KADUNGALLOOR, U.C COLLEGE P.O, ALUVA ERNAKULAM
          DISTRICT, PIN - 683102
          BY ADVS.
          S.SUJIN
          ABDUL SALIM M.
RESPONDENT/S:
    1     THE KERALA STATE WOMEN'S
          DEVELOPMENT CORPORATION LIMITED
          BASANT, T.C NO.20/2170, OPPOSITE MANMOHAN
          BUNGALOW, KOWDIYAR, THIRUVANANTHAPURAM
          REPRESENTED BY ITS MANAGING DIRECTOR, PIN -
          695003
    2     THE TALUK HEADQUARTERS HOSPITAL
          THOTTAKARA P.O, OTTAPALAM, PALAKKAD DISTRICT
          REPRESENTED BY THE SUPERINTENDENT, PIN - 679102
    3     ROSE OPHTHALMIC INDUSTRIES PRIVATE LIMITED
          T.C NO.26/2115, STATUTE LODGE, PB NO.127, STATUTE
          ROAD, THIRUVANANTHAPURAM, PIN - 695001
    4     STATE OF KERALA
          REPRESENTED BY THE CHIEF SECRETARY GOVERNMENT
          SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
          BY ADV SMT.LATHA ANAND, SC, KERALA STATE WOMENS
          DEVELOPMENT CORPORATION LIMITED
OTHER PRESENT:
          SRI.B.S.SYAMANTAK, GP
     THIS    WRIT   PETITION    (CIVIL)     HAVING    COME    UP    FOR
ADMISSION    ON   12.06.2023,    THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
                                                      -2-
W.P.(C). No. 10938 of 2023



                              P.V.KUNHIKRISHNAN, J.
                             ======================================================

                               W.P.(C) No. 10938 of 2023
                         =============================================================

                       Dated this the 12th day of June, 2023

                                           JUDGMENT

The above writ petition is filed with following prayers:

"(i) To issue a writ of certiorari or any other appropriate writ, order or direction, to quash Exhibit P11;

(ii) To issue a writ of mandamus or any other appropriate writ. order or direction, directing the 2 nd respondent to consider Ext.P10 representation filed by the petitioner;

(iii) To issue a writ of mandamus or any other appropriate writ. order or direction, directing the 2 nd respondent to permit the petitioner to remit the arrears of electricity and water charges as shown in Ext.P5 in installments;

(iv) Dispense with the translation of vernacular documents;

(v) To issue such other further reliefs as this Hon'ble Court may deem fit and proper in the facts and circumstances of this case." (sic)

2. The petitioner is the licensee for conducting an optical

shop under brand name of "She Opticals" in the 2 nd respondent

Hospital. The 2nd respondent issued Ext.P11 proceedings to stop the

functioning of the above establishment and the agreement executed

W.P.(C). No. 10938 of 2023

was also cancelled. It is also stated that there is arrears to be paid by

the petitioner towards electricity charges and water charges etc. The

main grievance of the petitioner is that Ext.P11 is an order passed

without giving an opportunity of hearing to the petitioner. It is also

the submission of the petitioner that without considering Ext.P10,

Ext.P11 is issued.

3. Heard the counsel for the petitioner, the Government

Pleader and the Standing Counsel for the 1st respondent.

4. After hearing both sides, I am of the considered opinion

that this writ petition need not be retained. When this writ petition

came up for consideration on 25.04.2023, this Court stayed the

operation of Ext.P11 and that order is in force even now. The main

grievance of the petitioner is that Ext.P11 is an order passed without

giving an opportunity of hearing to the petitioner. If that be so, the

petitioner can be allowed to submit her objections to Ext.P11 before

the 2nd respondent and there can be a direction to the 2 nd respondent to

consider the same, within a time frame and till then the interim stay

already granted by this Court can allow to continue.

W.P.(C). No. 10938 of 2023

Therefore, this writ petition is disposed of in the following

manner:

1. The petitioner is free to submit the objections to Ext.P11 before the 2nd respondent, within two weeks from the date of receipt of a certified copy of this judgment.

2. Once such a representation, along with a stamped certified copy of this judgment and a copy of this writ petition is received, the 2nd respondent will give an opportunity of hearing to the petitioner and respondents 1 and 3, as expeditiously as possible, at any rate, within one month from the date of receipt of the representation.

3. Till orders are passed in the representation, on condition that the representation is submitted as directed above, operation of Ext.P11 shall be deferred.

sd/-

P.V.KUNHIKRISHNAN JUDGE das

W.P.(C). No. 10938 of 2023

APPENDIX OF WP(C) 10938/2023

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE AGREEMENT DATED 23/02/2015 BETWEEN RESPONDENTS 1 AND

Exhibit P2 TRUE COPY OF THE DEED OF LICENSE AGREEMENT DATED 19/08/2016 WAS EXECUTED BETWEEN THE PETITIONER, THE 1ST RESPONDENT CORPORATION AND THE 3RD RESPONDENT Exhibit P3 TRUE COPY OF THE DEED OF HYPOTHECATION BETWEEN THE PETITIONER AND THE 1ST RESPONDENT CORPORATION Exhibit P4 TRUE COPY OF THE LETTER DATED 29/08/2016 ISSUED BY THE AREA MANAGER OF THE 1ST RESPONDENT CORPORATION. Exhibit P5 TRUE COPY OF THE LETTER DATED 06/12/2019 SUBMITTED BY 2ND RESPONDENT.

Exhibit P6 TRUE COPY OF THE COMMUNICATION DATED 18/11/2020 ISSUED BY THE 2ND RESPONDENT Exhibit P7 TRUE COPY OF THE LETTER DATED 13/06/2022 SUBMITTED BY THE 2ND RESPONDENT.

Exhibit P8 TRUE COPY OF THE RECEIPT DATED 19/04/2022 FOR A SUM OF RS.2,000/- ACCOUNTED AS ELECTRICITY BILL BY THE 2ND RESPONDENT HOSPITAL Exhibit P9 TRUE COPY OF THE RECEIPT FOR RENT DATED 08/12/2016 Exhibit P9(a) TRUE COPY OF THE RECEIPT FOR RENT DATED 03/01/2017 Exhibit P9(b) TRUE COPY OF THE RECEIPT FOR RENT DATED 26/04/2018 Exhibit P9(c) TRUE COPY OF THE RECEIPT FOR RENT DATED 12/10/2019 Exhibit P9(d) TRUE COPY OF THE RECEIPT FOR RENT DATED 05/08/2020 Exhibit P9(e) TRUE COPY OF THE RECEIPT FOR RENT DATED 04/01/2021

W.P.(C). No. 10938 of 2023

Exhibit P9(f) TRUE COPY OF THE RECEIPT FOR RENT DATED 01/03/2023 Exhibit P10 TRUE COPY OF THE REPRESENTATION DATED 04/02/2023 SUBMITTED BY THE PETITIONER Exhibit P11 TRUE COPY OF THE COMMUNICATION DATED 21.02.2023 ISSUED BY THE 2ND RESPONDENT