Kerala High Court
Mohanakumaran Nair.A vs State Of Kerala on 3 July, 2025
Author: C.S.Dias
Bench: C.S.Dias
WP(C) NO. 28233 OF 2024 1 2025:KER:48643
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
THURSDAY, THE 3RD DAY OF JULY 2025 / 12TH ASHADHA, 1947
WP(C) NO. 28233 OF 2024
PETITIONER:
MOHANAKUMARAN NAIR.A,
AGED 59 YEARS
S/O. APPUKUTTAN PILLAI, PANAYIL PUTHEN VEEDU,
KOITHOORKONAM (P.O), THIRUVANANTHAPURAM DISTRICT,
PIN - 695584
BY ADV SRI.NIREESH MATHEW
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY THE SECRETARY TO GOVERNMENT, PUBLIC
WORKS DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 THE DISTRICT PANCHAYATH,
REPRESENTED BY ITS SECRETARY, DISTRICT PANCHAYATH,
PATTOM, THIRUVANANTHAPURAM, PIN - 695004
3 THE EXECUTIVE ENGINEER,
LID EW DIVISION, DISTRICT PANCHAYATH, PATTOM,
THIRUVANANTHAPURAM, PIN - 695004
4 THE ASSISTANT EXECUTIVE ENGINEER,
LSGD SUB DIVISION, POTHENCODE, KAZHAKUTTOM,
THIRUVANANTHAPURAM, PIN - 695584
BY ADV SHRI.THOMAS ABRAHAM, SC, THIRUVANANTHAPURAM
DISTRICT PANCHAYAT
WP(C) NO. 28233 OF 2024 2 2025:KER:48643
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 03.07.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 28233 OF 2024 3 2025:KER:48643
C.S.DIAS, J.
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WP(C) NO. 28233 OF 2024
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Dated this the 3rd day of July , 2025
JUDGMENT
The writ petition is filed to quash Ext.P5 show
cause notice issued by the 3rd respondent and direct
him to consider Ext.P6 representation, and finalize the
proceedings leading to Ext. P5.
2. The petitioner had entered into Ext.P2
agreement with the 4th respondent to maintain a road
within the Azhoor Grama Panchayat. The petitioner
successfully completed the work and submitted Ext.P3
final bill for Rs.18,10,249/-, and the 4th respondent
had issued Ext.P4 completion certificate. At this
juncture, the 3rd respondent had issued Ext.P5
communication to the petitioner, to show cause why
the criminal proceedings shall not be initiated against
him on the allegation that the two term deposits
WP(C) NO. 28233 OF 2024 4 2025:KER:48643
produced by him towards security for the contract,
were fabricated documents. Although the petitioner
had submitted Ext.P6 representation to Ext.P5
communication before the 3rd respondent on
19.03.2021, the same has not been considered till
date. The inaction on the part of the respondents is
arbitrary. Hence, the writ petition.
3. In the statement filed by the learned
Standing Counsel for the 2nd respondent it is stated
that, the 3rd respondent was instructed by the Chief
Technical Examiner (Finance) to verify the term
deposits produced by the petitioner as security for
the contract. The Federal Bank has stated that the
term deposits are not genuine documents.
Consequently, a complaint was filed by the 3rd
respondent before the Station House Officer, Medical
College Police Station, Thiruvananthapuram, and a
WP(C) NO. 28233 OF 2024 5 2025:KER:48643
crime was registered, which is now pending
consideration before the jurisdictional Magistrate. On
18.02.2021, the District Panchayat Committee
discussed the matter and after getting the opinion of
respondents 3 and 4, resolved to continue the legal
proceedings against the petitioner and withhold the
bill payment. After that, a letter was issued to the
petitioner and he has submitted a reply. The
committee resolved to process the bill only after the
legal proceedings are completed. Therefore, the writ
petition may be dismissed.
4. The 3rd respondent has filed a counter
affidavit, inter alia, stating that, the District Panchayat
Committee in its meeting held on 18.02.2021 has taken
Ext.R3(c) decision to defer the payment till a legal
opinion is received. Subsequently, by R3(d) decision,
the committee has stopped the payment to the
WP(C) NO. 28233 OF 2024 6 2025:KER:48643
petitioner. It was in the above circumstances that
Ext.P5 communication was issued to the petitioner.
5. Heard; the learned counsel for the petitioner,
the learned Senior Government Pleader and the
learned Standing Counsel appearing for the 2nd
respondent.
6. On a consideration of the facts and the
materials on record, especially that Ext.P5 is a show
cause notice, and the petitioner has submitted Ext.P6
representation to the 3rd respondent on 19.03.2021,
but the proceedings have not been finalized and
further that the petitioner has successfully completed
the contract as evidenced by Ext.P4 completion
certificate, I am of the view that the 2 nd respondent
has to finalize the proceedings pursuant to Ext.P5
show cause notice after considering Ext.P6
representation, in accordance with law.
WP(C) NO. 28233 OF 2024 7 2025:KER:48643
Accordingly, I dispose of the writ petition, by
directing the 2nd respondent to finalize the
proceedings pursuant to Ext.P5 notice, after adverting
to Ext.P6 representation, in accordance with law and
as expeditiously as possible, at any rate, within 60 days
from the date of production of a copy the judgment,
after affording the petitioner an opportunity of being
heard.
The writ petition is ordered accordingly.
Sd/-
C.S.DIAS, JUDGE
SCB.03.07.25.
WP(C) NO. 28233 OF 2024 8 2025:KER:48643
APPENDIX OF WP(C) 28233/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE PHOTO COPY OF THE REGISTRATION
CERTIFICATE OF THE PETITIONER
Exhibit P2 TRUE PHOTO COPY OF THE AGREEMENT DATED
28.11.2019
Exhibit P3 TRUE COPY OF THE FINAL BILL SUBMITTED BY
THE PETITIONER BEFORE THE 5TH RESPONDENT
Exhibit P4 TRUE COPY OF THE COMPLETION CERTIFICATE
ISSUED BY THE 5TH RESPONDENT
Exhibit P5 TRUE COPY OF THE COMMUNICATION DATED
09.03.2021 ISSUED BY THE 3RD RESPONDENT
Exhibit P6 TRUE COPY OF THE REPRESENTATION DATED
19.03.2021 SUBMITTED BEFORE THE 3RD
RESPONDENT.
RESPONDENT EXHIBITS
Exhibit R3 (a) A true copy of the letter issued by the
senior manager of Federal Bank,Pothankodu
Branch dated 31.12.2020
Exhibit R3(b) A true copy of the letter issued by the
SHO,Medical College Police station dated
21.12.2023
Exhibit R3(c) A true copy of the comittee decision
No.5(2) taken on 18.02.2021
Exhibit R3(d) A true copy of the resolution taken on
27.03.201 as decision No. 1(3)
