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Kalidasa Hotels v. State of Kerala

Kerala HC17 Oct 2018WP(C)/30363/2018

Case brief

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What is this about?

The High Court of Kerala granted a direction to the 1st respondent (State) to consider the petitioner's representation regarding an excess fee payment for a No Objection Certificate from the Fire and Rescue Services and pass appropriate orders including potential reimbursement within three months.

What did the court decide?

Directed 1st respondent to consider Ext.P7 representation and pass orders refunding excess amount within three months.

Kalidasa Hotels Vs State of Kerala — Public Procurement and Tenders | Kerala HC (2018)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

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WEDNESDAY,THE 17TH DAY OF OCTOBER 2018 / 25TH ASWINA, 1940

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WP(C).No. 30363 of 2018

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PETITIONER/S:

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KALIDASA HOTELS NH 47, KOONAMTHAI,EDAPPALLY, THRIKKAKARA NORTH, KALAMASSERY, REPRESENTED BY ITS GENERAL MANAGER (TECHNICAL), SANU I.R, AGED 26 YEARS, S/O .RAMACHANDRAN

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BY ADVS. SMT.K.S.SUMITHA MUJEEB RAHIMAN

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RESPONDENT/S:

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1 STATE OF KERALA REPRESENTED BY ITS SECRETARY, SECRETARIAT, DEPARTMENT OF RURAL AND URBAN DEVELOPMENT THIRUVANANTHAPURAM 695001

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2 COMMANDANT GENERAL, FIRE AND RESCUE SERVICES, OFFICE OF THE DIRECTOR GENERAL, FIRE FORCE JUNCTION, THIRUVANANTHAPURAM-695001.

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3 DIVISIONAL OFFICER, FIRE AND RESCUE SERVICES, GIRI NAGAR, ERNAKULAM, PIN-682020.

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BY SENIOR.GP SRI.B VINOD

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17.10.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 30363 of 2018

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JUDGMENT

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The petitioner has approached this Court

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seeking seeking the following prayer:

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i) To issue a writ in the nature of mandamus or other appropriate writ, order or direction to the 2^nd respondent to allow Exhibit P4 application and direct the respondents to reimburse the excess amount paid by the petitioner for getting N.O.C from the Fire and Safety Department for construction of hotel building.

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Heard the learned counsel for the

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petitioner as also the learned Government

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Pleader.

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It is submitted by the learned counsel for

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the petitioner that for the refund of amounts paid in excess, petitioner has preferred Ext.P7 representation before the 1^st respondent.

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In the above view of the matter, there will be direction to the 1^st respondent to take up, consider and pass appropriate orders on Ext.P7 representation preferred by the petitioner

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WP(C).No. 30363 of 2018

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within a period of three months from the date of receipt of a copy of this judgment.

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This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN

JUDGE

SB/20/10/2018

APPENDIX

PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE CHELAN SHOWING THE REMITTANCE OF FEE OF RS.71,200/- BY THE PETITIONER DATED 29.12.2014. EXHIBIT P2 TRUE COPY OF THE CHELAN SHOWING THE REMITTANCE OF FEE OF RS.8,77,700/- BY THE PETITIONER DATED 19.5.2015. EXHIBIT P3 TRUE COPY OF THE CLEARANCE CERTIFICATE ISSUED BY THE FIRE & RESCUE DEPARTMENT DATED 4.11.2016. EXHIBIT P4 TRUE COPY OF THE LETTER ISSUED TO 2ND RESPONDENT BY THE PETITIONER DATED 14.11.2016. EXHIBIT P5 TRUE COPY OF THE LETTER ISSUED TO THE 3RD RESPONDENT DATED 21.12.16. EXHIBIT P6 TRUE COPY OF THE LETTER ISSUED TO THE 1ST RESPONDENT DATED 7.7.16. EXHIBIT P7 TRUE COPY OF THE REPRESENTATION SUBMITTED TO THE CHIEF SECRETARY, STATE OF KERALA DTD.14.11.17

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RESPONDENTS EXHIBITS : NIL

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//true copy // P.A to Judge

Kalidasa Hotels v. State of Kerala

Case brief

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Kalidasa Hotels v. State of Kerala

Case brief

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