Disposed

K.S.Gopinathan Nair v. the Travancore Devaswom Board

Kerala HC28 Nov 2013WP(C)/29226/2013

Case brief

AI extract

What is this about?

Petitioner, a temple contractor, filed a writ petition apprehending termination of contract by Respondent Devaswom Commissioner. As Commissioner had already passed order, Court granted liberty to appeal and directed forwarding copy.

What did the court decide?

Granted liberty to file appeal before Travancore Devaswom Board and directed third respondent to serve copy of termination order within ten days.

K.S.Gopinathan Nair Vs the Travancore… — Contract and Commercial Disputes | Kerala HC (2013)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR.JUSTICE T.R.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE B.KEMAL PASHA

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THURSDAY, THE 28TH DAY OF NOVEMBER 2013/7TH AGRAHAYANA, 1935

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WP(C).No. 29226 of 2013 (C)

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PETITIONER(S):

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K.S.GOPINATHAN NAIR, S/O.SREEDHARA PANICKER, “KARIYATHU”, CHETTETTUKARA VILLAGE, PARAVUR TALUK, NORTH PARAVUR.

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BY ADVS.SRI.P.B.KRISHNAN

SRI.P.M.NEELAKANDAN

SRI.P.B.SUBRAMANYAN

RESPONDENT(S):

THE TRAVANCORE DEVASWOM BOARD, REPRESENTED BY ITS SECRETARY, NANDANCODE P.O., THIRUVANANTHAPURAM 695 005.

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THE DEPUTY COMMISSIONER, TRAVANCORE DEVASWOM BOARD, VAIKOM 686 141.

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THE ASSISTANT DEVASWOM COMMISSIONER, TRAVANCORE DEVASWOM BOARD, KANNANKULANGARA, NORTH PARAVUR 683 513

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THE DEVASWOM MANAGER, MOOKAMBIKA TEMPLE, NORTH PARAVUR, ERNAKULAM 683 513

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THE SECRETARY, KSHETHRA BHARANA SAMITHI, MOOKAMBIKA TEMPLE, NORTH PARAVUR 683 513.

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R BY SRI.M.V.S.NAMPOOTHIRI, SC, TRAVANCORE DEVASWOM BOARD

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28-11-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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T.R. RAMACHANDRAN NAIR & B.KEMAL PASHA, JJ.

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~~~~~~~~~~~~~~~~~~~~~~~~~~~

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W.P.(C).No.29226/2013

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~~~~~~~~~~~~~~~~~~~~~~~~~~~

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Dated this the 28^th day of November, 2013

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J U D G M E N T

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Ramachandran Nair, J.

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The petitioner is a Contractor having the right to sell various pooja

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items like gingelly oil, ghee, pattu etc.. in the premises of the Mookambika

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Temple, North Paravur. The period of contract is from 01/04/2013 to

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31/03/2014. Apprehending termination of the contract, this writ petition has

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been filed.

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According to the petitioner, without his knowledge, one

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Mr.Saju had placed various items in his stall and later, both of them were

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arrested and a case has been registered for the offences under Sections

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379 and 411 of the Indian Penal Code. Therefore, mainly it is a case

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where the petitioner alleges that the petitioner was trapped.

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Learned Standing Counsel for the Travancore Devaswom

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Board, Shri M.V.S. Nampoothiri submitted that by an order dated

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16/11/2013, the contract itself was terminated by the Devaswom

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W.P.(C).No.29226/2013

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-:2:-

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Commissioner. Learned Senior Counsel Shri S.V.Balakrishna Iyer

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submitted that the said order appears to be arbitrary since there is violation

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of the principles of natural justice and as the pleas of the petitioner have

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not been heard by the Devaswom Commissioner and also due to the fact

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that no notice was issued prior to the issuance of the order terminating the

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contract. It is also stated that the copy of the order dated 16/11/2013 has not been communicated to the petitioner.

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4. Since the Devaswom Commissioner has already passed an

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order, we are of the view that the petitioner can be granted liberty to

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challenge the same in an appeal before the Travancore Devaswom Board. For enabling the petitioner to file the appeal, we direct the third respondent to serve a copy of the order dated 16/11/2013 to the petitioner tomorrow

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itself and the appeal will be filed within ten days from the date of receipt of

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the order. It is also stated by the learned Standing Counsel that till the

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appeal is disposed of, the order terminating the contract of the petitioner,

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W.P.(C).No.29226/2013

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-:3:-

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will not be implemented. The same is recorded. The appeal will be

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disposed of after hearing the petitioner. The writ petition is accordingly,

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disposed of.

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Sd/-

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(T.R. Ramachandran Nair, Judge)

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Sd/-

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(B.Kemal Pasha, Judge)

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\True copy// P.S to Judge

K.S.Gopinathan Nair v. the Travancore Devaswom Board

Case brief

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K.S.Gopinathan Nair v. the Travancore Devaswom Board

Case brief

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