Disposed

Vidhu S.T. v. State of Kerala

Kerala HC6 Oct 2016WP(C)/22556/2016

Case brief

AI extract

What is this about?

This order directs the second respondent to consider the petitioner's representation regarding the termination of a heritage preservation contract. The court mandated an opportunity of hearing before taking a decision within two months without expressing an opinion on the merits.

What did the court decide?

Direction to the second respondent to consider Ext. P8 representation after an opportunity of hearing and take a decision within two months.

Vidhu S.T. Vs State of Kerala — Service and Employment | Kerala HC (2016)

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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 SHAJI P.CHALY

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THURSDAY, THE 6TH DAY OF OCTOBER 2016/14TH ASWINA, 1938

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WP(C).No. 22556 of 2016 (T)

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PETITIONER(S):

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VIDHU S.T.,

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AGED 28 YEARS, S/O. SIVARAJAN, POOVAKAM, DARSAN LANE, MUKKOLA, KARAKULAM P.O., THIRUVANANTHAPURAM.

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BY ADV. SRI.VINOY VARGHESE KALLUMOOTTILL.

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RESPONDENT(S):

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1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, ARCHEOLOGY DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001.

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2. DIRECTOR OF ARCHAEOLOGY, DIRECTORATE OF ARCHAEOLOGY, SREEPADAM KOTTARAM, FORT P.O., THIRUVANANTHAPURAM-695 001.

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BY SR. GOVT. PLEADER SMT.K.R. DEEPA.

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06-10-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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rs.

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WP(C).No. 22556 of 2016 (T)

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APPENDIX

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PETITIONER'S EXHIBITS:-

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P1 COPY OF THE ORDER DATED 08.04.2013 PASSED BY THE 2ND RESPONDENT AWARDING THE WORK IN FAVOUR OF THE PETITIONER.

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P2 COPY OF THE LETTER DATED 14.05.2014 ISSUED BY THE 2ND RESPONDENT.

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P3 COPY OF THE RELEVANT PAGES OF THE TENDER DOCUMENT CONTAINING THE DECLARATION GIVEN BY THE PETITIONER.

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P4 COPY OF THE LETTER SUBMITTED TO THE 2ND RESPONDENT DATED 02.06.2014.

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P5 COPY OF NOTICE ISSUED BY THE 2ND RESPONDENT DATED 03.07.2014.

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P6 COPY OF THE LETTER ISSUED IN RESPONSE TO LETTER DATED 03.07.2014.

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P7 COPY OF THE LETTER OF TERMINATION OF CONTRACT.

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P8 COPY OF THE REPRESENTATION SUBMITTED BEFORE THE 2ND RESPONDENT.

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RESPONDENT'S EXHIBITS:- NIL.

//TRUE COPY//

P.S. TO JUDGE

rs.

SHAJI P. CHALY, J.

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W.P.(C). No. 22556 of 2016

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Dated this the 06^th day of October, 2016

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JUDGMENT

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Petitioner is a contractor, who participated in the tender proceedings invited by the second respondent to carryout civil works to preserve the 'Heritage Court building', Vanchiyoor, Thiruvananthapuram. To cut a long story short, the contract awarded to the petitioner was terminated, consequent to which petitioner has submitted Ext. P8 representation before the second respondent. It is allegedly pending consideration on and with effect from 10.03.2016. It is in this background seeking appropriate direction, this writ petition is filed.

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Having heard learned counsel for the petitioner, learned Government Pleader, and perusing the documents on record and the pleadings, I think it is only appropriate that, without expressing anything on merits, a direction is issued to the second respondent to consider Ext. P8 representation, in

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W.P.(C). No.22556 of 2016 2

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accordance with law.

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Accordingly, there will be a direction to the second respondent to consider Ext. P8 representation in accordance with law, after providing an opportunity of hearing to the petitioner and take a decision on the same within two months from the date of receipt of a copy of this judgment.

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Writ petition is disposed of accordingly.

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SHAJI P. CHALY JUDGE

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DCS

Vidhu S.T. v. State of Kerala

Case brief

What is this about?

What did the court decide?

Vidhu S.T. v. State of Kerala

Case brief

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