Kerala High Court
Green Society vs State Of Kerala Rep By Its Secretary on 10 June, 2024
Author: T.R. Ravi
Bench: T.R.Ravi
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
MONDAY, THE 10TH DAY OF JUNE 2024 / 20TH JYAISHTA, 1946
WP(C) NO. 41740 OF 2023
PETITIONER:
GREEN SOCIETY
15/533, 2ND FLOOR, K.R.APPARTMENTS,
HARISHANKAR ROAD, THAREKKAD,
PALAKKAD-678001
REP. BY ITS PATRON, V.K.SHAJI,
AGED 54, S/O.KOCHUKUNJU VAIDYAR
PRESENTLY RESIDING AT SEKHARIOURAM,
PALAKKAD, PIN - 678010
BY ADV K.MUHAMMED SALAHUDHEEN
RESPONDENTS:
1 STATE OF KERALA
REP BY ITS SECRETARY
DEPARTMENT OF HEALTH, STATE SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 605001
2 THE DIRECTOR
INSTITUTE OF INTEGRATED MEDICAL SCIENCES,
(GOVERNMENT MEDICAL COLLAGE, PALAKKAD)
EAST YAKKARA, KUNNATHURNEDU P.O
PALAKKAD, PIN - 678013
3 THE PRINCIPAL
INSTITUTE OF INTEGRATED MEDICAL SCIENCES,
(GOVERNMENT MEDICAL COLLAGE, PALAKKAD)
EAST YAKKARA, KUNNATHURNEDU P.O
PALAKKAD ., PIN - 678013
4 THE BRANCH MANAGER
AXIS BANK LTD, OLAVAKKOD BRANCH,
100/6, SIVASAKTHI CENTRE,
OLAVAKKOD -CHUNNAMBUTHARA ROAD,
OLAVAKKOD P.O, PALAKKAD, PIN - 679514
WP(C) NO. 41740 OF 2023
2
ADDL. R5 IMPLEADED
ADDL. R5 THE ADDITIONAL CHIEF SECRETARY,
SC/ST (F) DEPARTMENT,
THIRUVANANTHAPURAM-695001
*ADDITIONAL R5 IMPLEADED AS PER ORDER DATED
15.02.2024 IN I.A. 1/2024 IN THE WP(C).
BY ADVS.
SUMAN CHAKRAVARTHY
SRI. SUNIL KUMAR KURIAKOSE. GOVT. PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
10.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 41740 OF 2023
3
T.R. RAVI, J.
--------------------------------------------
W.P.(C). No.41740 of 2023
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Dated this the 10th day of June, 2024
JUDGMENT
The petitioner has applied for revalidation of cheques which have
been issued to him towards the amounts payable on a contract to
supply food in a medical college hostel. The revalidation was denied.
2. Along with the counter affidavit, a letter addressed by the
Director of the Institute of Integrated Medical Sciences to the
Government has been produced, which says that the petitioner has
already drawn more than ₹32,00,000/- in excess by inflating the
number of students. The petitioner submits that no notice had been
issued to him regarding this and in fact cheques had already been
issued and all that was sought is revalidation. The letter addressed to
the Government does not show that a copy has been marked to the
petitioner. Since a dispute has been raised regarding the amount
payable, I do not think it is proper to consider the issue at the first
instance by exercising the jurisdiction under Article 226 of the
Constitution of India.
In the above circumstances, this writ petition is disposed of
WP(C) NO. 41740 OF 2023
directing the petitioner to submit his reply to the allegations contained
in the letter dated 22.06.2023 sent by the 2 nd respondent to the 1st
respondent, treating the same as a notice. The explanation shall be
filed within two weeks from today. On receipt of the explanation, the
2nd respondent shall consider the same and decide on the correctness
or otherwise of the contents of the letter dated 22.06.2023, after
hearing the petitioner, at the earliest, at any rate, within one month
thereof. If the 2nd respondent is convinced with the explanations
submitted by the petitioner, necessary steps shall be taken to
revalidate the cheques and pay the amounts due to the petitioner at
the earliest, at any rate, within three weeks thereafter.
Sd/-
T.R. RAVI
JUDGE
Pn
WP(C) NO. 41740 OF 2023
APPENDIX OF WP(C) 41740/2023
PETITIONER'S EXHIBITS
Exhibit P1 A TRUE COPY OF THE BYELAW OF THE PETITIONER
SOCIETY
Exhibit P2 A TRUE COPY OF LETTER DATED 03.02.23 BY
PRINCIPAL, GOVERNMENT MEDICAL COLLEGE,
PALAKKAD SHOWING THE ISSUANCE OF THE CHEQUE
TO THE PETITIONER SOCIETY
Exhibit P3 A TRUE COPY OF THE CHEQUE DEPOSIT SLIP
DATED 08.02.2023 ISSUED BY THE 4H
RESPONDENT
Exhibit P4 A TRUE COPY OF THE LETTER DATED 07.01.2023
BY AXIS BANK AUTHORIZED SIGNATORY TO THE
PETITIONER SOCIETY
Exhibit P5 A TRUE COPY OF THE LETTER DATED 07.01.2023
BY AXIS BANK AUTHORIZED SIGNATORY TO THE
PETITIONER SOCIETY
Exhibit P6 A TRUE COPY OF THE JUDGMENT IN W.P.(CRL)
NO.321/2023 DATED 15.06.2023
Exhibit P7 A TRUE COPY OF THE REQUEST DATED 19.06.2023
SUBMITTED BEFORE THE 2ND RESPONDENT
Exhibit P8 A TRUE COPY OF THE JUDGMENT IN W.P.(C) NO.
20874/2023 DATED 26.09.23
Exhibit P9 A TRUE COPY OF THE ORDER DATED 07.11.23
PASSED BY THE 2ND RESPONDENT
RESPONDENTS' EXHIBITS
Exhibit-R2(a) A COPY OF THE COMMUNICATION RECEIVED FROM
DYSP, PALAKKAD DISTRICT DATED 06.12.2022
WP(C) NO. 41740 OF 2023
Exhibit-R2(b) A TRUE COPY OF THE LETTER DATED 22.06.2023
ADDRESSED TO THE ADDITIONAL CHIEF
SECRETARY, SC/ST DEPARTMENT
Exhibit R5(a) TRUE COPY OF THE LETTER
NO.F1/283/2022/SCSTDD DATED 03.07.2023.
Exhibit R5(b) TRUE COPY OF THE LETTER NO.F1/99/2023 DATED
07/03/2024
