Citation : 2023 Latest Caselaw 7132 Ker
Judgement Date : 23 June, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 23RD DAY OF JUNE 2023 / 2ND ASHADHA, 1945
W.P.(C) NO.20439 OF 2023
PETITIONER:
MAYA SATHEESH,
AGED 47 YEARS, W/O.SATHEESH,
SOPANAM, PRAKKULAM, KOLLAM-691 602.
BY ADV P.PUSHPARAJAN
RESPONDENTS:
1 THIRUVANANTHAPURAM REGIONAL CO-OPERATIVE
MILK PRODUCERS UNION LTD, KSHEERA BHAVAN,
PATTOM, THIRUVANANTHAPURAM
REPRESENTED BY ITS MANAGING DIRECTOR, PIN-695 004.
2 THE MANAGER,
MILMA, KOLLAM DIARY, THEVALLY,
KOLLAM DISTRICT-691 009.
R1&R2 SMT.LATHA ANAND, STANDING COUNSEL
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.06.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
-2-
W.P.(C) NO.20439 OF 2023
P.V. KUNHIKRISHNAN, J.
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W.P.(C) No.20439 of 2023
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Dated this the 23rd day of June, 2023
JUDGMENT
The above writ petition is filed with the following prayers:-
I) To issue a writ of mandamus or any other appropriate writ, order or direction directing the 2nd respondent to consider and dispose of Exhibit-P5 representation within a time limit to be fixed by this Honourable Court;
II) To issue a direction to the 2 nd respondent that till a decision is entered on Exhibit-P5, not to proceed with Exhibit-P6;
III) Petitioner also prays that this Hon'ble Court may be pleased to dispense with the translation of the documents produced in the vernacular language.
IV) Such other reliefs which the petitioner may ask for during the course of the proceedings and which this Honourable Court may deem fit and necessary in the interest of justice.
2. It is submitted that the petitioner is eking out her
livelihood by doing casual works like distribution of milk to
W.P.(C) NO.20439 OF 2023
various houses and other establishments. The petitioner is
aggrieved by Ext.P6 by which the petitioner was asked to
vacate the Milma Hub. The petitioner submitted Ext.P5 before
the 1st respondent. The same is also not considered is the
grievance. Hence this writ petition.
3. Heard the Counsel for the petitioner and the
Standing Counsel appearing for the respondents.
4. After hearing both sides, I am of the considered
opinion that this writ petition itself can be disposed of directing
the competent authority among the respondents to consider
Ext.P5 within a time frame.
Therefore, this writ petition is disposed of with the
following directions:
i) The competent authority among the respondents will consider Ext.P5 and pass appropriate orders in it, after giving an opportunity of hearing to the petitioner, as expeditiously as possible, at any rate, within one month from the date of receipt of a copy of this judgment.
ii) Till the final orders are passed as directed above, the status quo regarding the Milma Hub will continue.
W.P.(C) NO.20439 OF 2023
iii) The petitioner will produce a certified copy of this judgment along with a copy of this writ petition before the respondents for compliance.
Sd/-
P.V. KUNHIKRISHNAN JUDGE bpr
W.P.(C) NO.20439 OF 2023
APPENDIX OF WP(C) 20439/2023
PETITIONER'S EXHIBITS
Exhibit P1 A TRUE COPY OF THE AGREEMENT ENTERED INTO BY THE PETITIONER WITH THE 2ND RESPONDENT DATED 30-08-2021
Exhibit P2 A TRUE COPY OF THE CERTIFICATE DATED 02-
05-2023 ISSUED BY THE 2ND RESPONDENT
Exhibit P3 A TRUE COPY OF THE RELEVANT PAGES OF THE E-TENDER DOCUMENT WITH RESPECT TO CONTRACT OF CHAKKUVALLY HUB
Exhibit P4 A TRUE COPY OF THE INTIMATION GIVEN BY THE 2ND RESPONDENT TO THE PETITIONER DATED 13-03-2023
Exhibit P5 A TRUE COPY OF THE REPRESENTATION 05-06-
2023 SUBMITTED BY THE PETITIONER TO THE RESPONDENT
Exhibit P6 A TRUE COPY OF THE COMMUNICATION DATED 06-06-2023 FROM THE 2ND RESPONDENT TO THE PETITIONER
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