Anish.S vs Kollam Muncipal Corperation
2024 Latest Caselaw 15845 Ker

Citation : 2024 Latest Caselaw 15845 Ker
Judgement Date : 6 June, 2024

Kerala High Court

Anish.S vs Kollam Muncipal Corperation on 6 June, 2024

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
              THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
     THURSDAY, THE 6TH DAY OF JUNE 2024 / 16TH JYAISHTA, 1946
                        WP(C) NO. 20378 OF 2024
PETITIONER:

          ANISH.S,
          AGED 38 YEARS
          S/O. SURESH BABU,THEKKEVEEDU, KANNIMEL A WARD,
          KILIKOLLOOR P.O, KOLLAM DISTRICT, PIN - 691004

          BY ADVS.
          HEMALATHA
          AMANTA MATHEW



RESPONDENTS:

    1     KOLLAM MUNCIPAL CORPERATION,
          CORPORATION OFFICE, KOLLAM,

          REPRESENTED BY ITS SECRETARY, PIN - 691001

    2     THE SECRETARY,
          KOLLAM MUNICIPAL CORPORATION,

          CORPORATION OFFICE, KOLLAM, PIN - 691001


OTHER PRESENT:

          SRI. S.SREEKUMAR(KOLLAM), SC




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 20378 OF 2024
                                     2



                      MOHAMMED NIAS C.P., J.
             =========================
                      W.P.(C) No. 20378 of 2024
             =========================
              Dated this the 6th day of June, 2024



                           JUDGMENT

The above writ petition is filed with the following prayers;

" i) To issue a writ of mandamus or any

appropriate writ or direction to directing the

respondents to disburse Rs. 1,95,000/- (Rupees One

Lakh Ninety Five Thousand) with 12% interest from

01.01.2018 to the petitioner at the earliest;

ii) To issue a writ of mandamus or any

appropriate writ or direction to directing the 2 nd

respondent to consider and take decision on Ext.P2

representation at the earliest with in a time frame as

directed by this Hon'ble court;

iii) To issue any other order or direction as

this Hon'ble Court deem fit and proper in the facts

and circumstances of the case;

iv) To dispense with filing of translation of

vernacular documents."

WP(C) NO. 20378 OF 2024

2. The learned Counsel for the petitioner submits that Ext.P2

has been preferred requesting the respondent to return the EMD

which he remitted while participating in a tender process. After

hearing both sides, I deem it appropriate to direct the 2 nd respondent

to consider Ext.P2 with notice to the petitioner and take an

appropriate decision, within three weeks from the date of receipt of a

copy of the judgment.

The writ petition is disposed of as above.

Sd/-

MOHAMMED NIAS C.P.,

JUDGE LU WP(C) NO. 20378 OF 2024

PETITIONER EXHIBITS :

EXHIBIT P1 A TRUE COPY OF THE PETITIONER'S DEMAND DRAFT NO. 889587 DATED 01.01.2018 FOR RS.1,95,000/- OF THE STATE BANK OF INDIA

EXHIBIT P2 A TRUE COPY OF THE REPRESENTATION DATED 12.06.2018 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT

EXHIBIT P2(A) A TRUE COPY OF THE ACKNOWLEDGEMENT RECEIPT DATED 14.06.2018 SIGNED BY THE 2ND RESPONDENT

EXHIBIT P3 A TRUE COPY OF THE JUDGEMENT IN WPC NO.

26172/2018 DATED 29/08/2018

EXHIBIT P4 A TRUE COPY OF REPRESENTATION DATED 05.10.2018 SUBMITTED BY THE PETITIONER

// True Copy // PA To Judge