Allowed

Shaiju Abdul Appa , Represented by His Power of Attorney Holder - Abdul Appa v. State of Kerala

Kerala HC23 Oct 2018WP(C)/4947/2018

Case brief

AI extract

What is this about?

This court directed the Secretary to Finance to consider a petitioner's representation regarding rent enhancement within one month, ensuring a hearing is held. Additionally, the court ordered the calculation and disbursal of admitted rent arrears within three months.

What did the court decide?

Direction to consider representation within one month and to calculate and disburse admitted arrears within three months.

Shaiju Abdul Appa , Represented by His Power of… — Service and Employment | 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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TUESDAY ,THE 23RD DAY OF OCTOBER 2018 / 1ST KARTHIKA, 1940

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WP(C).No. 4947 of 2018

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PETITIONER:

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SHAIJU ABDUL APPA ,ABDUL APPA, AGED 38 YEARS, PARAYIL PURAYIDOM MUNDAKAYAM P.O., KOTTAYAM, REPRESENTED BY HIS POWER OF ATTORNEY HOLDER - ABDUL APPA, AGED 72 YEARS, S/O SAYED MOHAMMED, PARAYIL PURAYIDOM, 31ST MILE, MUNDAKKAYAM PO, KOTTAYAM.

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BY ADVS. SRI.LIJI.J.VADAKEDOM SMT.REXY ELIZABETH THOMAS SRI.RAJEEV JYOTHISH GEORGE SRI.TOM E. JACOB

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RESPONDENTS:

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1 STATE OF KERALA REPRESENTED BY THE SECRETARY TO FINANCE DEPARTMENT,SECRETARIAT, THIRUVANANTHAPURAM.

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2 THE DISTRICT COLLECTOR COLLECTORATE, KOTTAYAM.1

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3 TREASURY DIRECTOR DIRECTORATE OF TREASURIES,KRISHNA BUILDINGS, THYCAUD PO, THIRUVANANTHAPURAM, PIN.695014.

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4 DISTRICT TREASURY OFFICER KOTTAYAM, DISTRICT TREASURY, CIVIL STATION,KOTTAYAM. 686002.

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5 SUB TREASURY OFFICER MUNDAKAYAM TREASURY OFFICE, MUNDAKAYAM, KOTTAYAM. 686513.

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6 ASST. EXECUTIVE ENGINEER PWD BUILDING, SUB DIVISION, KANJIRAPPALLY, KOTTAYAM-696507.

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BY SPL GP (FIN)C.M.SURESH BABU

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OTHER PRESENT:

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23.10.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 4947 of 2018 2

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JUDGMENT

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The petitioner has approached this Court seeking the following

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prayers:-

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(i) Issue a writ of mandamus, or any other appropriate Writ or Order or direction directing the respondents 1 to 4 to implement Exhibit P3 order within a stipulated time limit with notice to the petitioner.

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(ii) issue a writ of mandamus, or any other appropriate Writ or Order or direction directing the respondents 1 to 4 to pay the rend due to the petitioner in accordance with the enhanced rate;

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(iii) Issue a writ of mandamus, or any other appropriate Writ or Order or direction directing the 2^nd respondent to consider and dispose of Exhibit P7 representation within a stipulated time limit.

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Heard learned counsel for the petitioner and the learned Special Government Pleader (Finance).

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It is submitted by the learned counsel for the petitioner that petitioner's building had been taken on rent for the conduct of the Sub Treasury office, Mundakkayam. Though the Sub Treasury officer contended enhanced rent of Rs.13,000/- per month, by Ext.P9 order enhancement of rent at the rate of Rs.6,950/- per month has been ordered. It is stated that this amount has also not been disbursed to the petitioner. It is submitted that the petitioner had thereafter preferred Ext.P9 representation before the Government seeking further

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WP(C).No. 4947 of 2018 3

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enhancement of rent at least from October, 2018. The petitioner has also sought for disbursal of the amounts due as per Ext.P8 at the earliest.

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Having considered the contentions advanced on either side, I

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am of the opinion that Ext.P9 representation preferred by the petitioner is liable to be considered in accordance with law.

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Accordingly, there will be a direction to the 1^st respondent to

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take up, consider and pass orders on Ext.P9 representation preferred by the petitioner within a period of one month from the date of receipt of a copy of this judgment. The petitioner shall also be heard before orders are passed as directed above. The admitted amounts as provided in Ext.P8 order shall also be calculated and disbursed to the petitioner with all arrears thereof within a period of three months from the date of receipt of a copy of this judgment.

SD/-

ANU SIVARAMAN

JUDGE

rmm

Continued at page 6

WP(C).No. 4947 of 2018 4

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The words 'Exhibit P9' occurred at line 8 in paragraph 3, line 2 in paragraph 4 and at line 2 in paragraph 5 are corrected as 'Exhibit P10' and the words 'Exhibit P8' occurred at line 10 in paragraph 3 and line 6 in paragraph 5 of the judgment dated 23.10.2018 in W.P.(C) No.4947/2018 are corrected as 'Exhibit P9' as per the order dated 30.11.2018 in I.A.No.4/2018 in W.P.(C) No.4947/2018.

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SD/-

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Registrar(Judicial)

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WP(C).No. 4947 of 2018 5

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE GOVERNMENT ORDER (GENERAL) NO.5447/12 FIN DATED 26.5.2012 ISSUED BY THE JOINT SECRETARY, FINANCE. EXHIBIT P2 TRUE COPY OF THE REPRESENTATION DATED 09.04.2015 SUBMITTED BY THE FATHER OF THE PETITIONER BEFORE THE HON'BLE CHIEF MINISTER.

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EXHIBIT P3 TRUE COPY OF THE ORDER WITH DOCKET NO.KTRA204901 ISSUED AT THE PEOPLES CONTACT PROGRAMME-2015. EXHIBIT P4 THE COPY OF THE LETTER NO.A4/6798/2014 DATED 20.07.2015 ISSUED BY THE 4TH RESPONDENTDISTRICT TREASURY OFFICER TO THE 6TH RESPONDENT-ASST. EXECUTIVE ENGINEER, KANJIRAPPALLY. EXHIBIT P5 THE COPY OF THE LETTER NO.A1/785/2013 DATED 28.1.2016 ISSUED BY THE SUB TREASURY OFFICER TO THE PETITIONER. EXHIBIT P6 THE COPY OF THE LETTER DATED 15.2.2016 SUBMITTED BY THE PETITIONER BEFORE THE TREASURY DIRECTOR. EXHIBIT P7 THE COPY OF THE REPRESENTATION (WITHOUT THE APPENDED DOCUMENTS) DATED 25.09.2017 SUBMITTED BY THE FATHER OF THE PETITIONER BEFORE THE 2ND RESPONDENT DISTRICT COLLECTOR, KOTTAYAM.

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EXHIBIT P8	THE COPY OF THE RECEIPT ISSUED FROM THE
	OFFICE OF THE DISTRICT COLLECTOR, SHOWING
	RECEIPT OF THE REPRESENTATION SUBMITTED BY THE FATHER OF THE PETITIONER.
EXHIBIT P9	(IN IA NO. 1/2018 -THE COPY OF THE
	DOCUMENT IS ACCEPTED AS EXT.P9)THE COPY OF
	THE ORDER G.O. NO.4087/2018/FIN. THIRUVANANTHAPURAM DATED 11/05/2018
	ISSUED BY THE JOINT SECRETARY TO FINANCE.
EXHIBIT P10	(IN IA NO. 3/2018 -THE COPY OF THE DOCUMENT

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WP(C).No. 4947 of 2018 6

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IS ACCEPTED AS EXTS.P10 & P10(a)) THE COPY OF THE REPRESENTATION DATED 12/10/2018 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.

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EXHIBIT P10 A

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THE COPY OF THE POSTAL RECEIPT DATED 15/10/2018 RECEIVED ON SENDING EXHIBIT P9REPRESENTATION.

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RESPONDENTS EXHIBITS NIL

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// TRUE COPY //

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P.A. TO JUDGE

Shaiju Abdul Appa , Represented by His Power of Attorney Holder - Abdul Appa v. State of Kerala

Case brief

What is this about?

What did the court decide?

Shaiju Abdul Appa , Represented by His Power of Attorney Holder - Abdul Appa v. State of Kerala

Case brief

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What did the court decide?

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