Dismissed

Sathar.K.a v. the State of Kerala

Kerala HC19 Jul 2019WP(C)/12349/2019

Case brief

AI extract

What is this about?

Petitioner filed a writ petition challenging the termination of a contract and detention of a security deposit. The petitioner subsequently submitted that the petition could be closed with liberty to file a suit. The court allowed the withdrawal of the writ petition and dismissed it accordingly.

What did the court decide?

Writ petition dismissed as withdrawn; questions of law and facts left open.

Sathar.K.a Vs the State of Kerala — Contract and Commercial Disputes | Kerala HC (2019)

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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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FRIDAY, THE 19TH DAY OF JULY 2019 / 28TH ASHADHA, 1941

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WP(C).No.12349 of 2019

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PETITIONER/S:

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SATHAR.K.A, AGED 41 YEARS, S/O. ABDUL RAHMAN, KALATHIPARAMBIL HOUSE, P.O. MALA, PALLIPURAM, THRISSUR 680 732.

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BY ADV. SRI.G.SREEKUMAR (CHELUR)

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RESPONDENT/S:

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1 THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO THE GOVERNMENT, FOOD AND CIVIL SUPPLIES DEPARTMENT, GROUND FLOOR, NORTH SANDWICH BLOCK, SECRETARIAT, THIRUVANANTHAPURAM 695 001.

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2 KERALA STATE CIVIL SUPPLIES CORPORATION (SUPPLYCO), REPRESENTED BY ITS CHAIRMAN AND MANGING DIRECTOR, MAVELI BHAVAN GANDHI NAGAR, MAVELI ROAD, KADAVANTHRA P.O., KOCHI KERALA, 682 020.

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3 REGIONAL MANAGER, SUPPLYCO, MANORAMA ROAD, SULTHANPET, PALAKKAD KERALA 678 001.

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4 DEPOT MANAGER, SUPPLYCO DEPOT, CHAVAKKAAD, PALAPETTY, THRISSUR , KERALA 680 568.

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5 DEPOT MANAGER, SUPPLY CO DEPOT, CHALAKUDY, THRISSUR , KERALA, 680 722.

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R2 TO R5 BY ADVS. SMT.P.R.REENA

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SMT. MOLLY JACOB, SC

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R1 BY SRI.B.VINOD, SR.GP.

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19.07.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.12349 of 2019 2

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JUDGMENT

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This writ petition is filed by the petitioner

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seeking the following reliefs:-

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“i) Issue a writ of Mandamus or any other appropriate writ, order or direction commanding the Respondents, to settle all the amounts payable to the petitioner, without any delay and within a stipulated time limit, in the interest of justice.

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ii) Issue a writ of mandamus or any other appropriate writ, order or direction commanding the respondents to consider Exhibits P5 and P6, within a stipulated time limit, in the interest of justice.

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And

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iii) To pass any such orders as the Petitioner may seek and this Hon'ble Court deems fit to grant.”

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The subject issue relates to participation of

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the petitioner in a contract by executing a preliminary agreement and thereafter, the contract was awarded in favour of the petitioner.

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However, later the work was not carried out by

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the petitioner and it was terminated and the security deposit is detained by the respondents. It is thus

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WP(C).No.12349 of 2019 3

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seeking aforesaid specified reliefs, this writ petition is filed.

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A detailed counter affidavit is filed by the

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respondents stating that, petitioner has violated the terms and conditions of the agreement and therefore,

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the action taken by the respondents are justified.

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At that point of time, learned counsel for the

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petitioner submitted that, leaving open the liberty of the petitioner to file a suit, this writ petition may be closed.

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Accordingly, the writ petition is dismissed as withdrawn. All the questions of law and facts raised in this writ petition are left open.

Sd/-

SHAJI P.CHALY

JUDGE

uu 19.07.2019

WP(C).No.12349 of 2019 4

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1	A TRUE TO THE 14/9/20	COPY OF THE SUPPLYCO DEP 17.	AGREEMENT PERTAINING OT, CHAVAKKAD DATED
EXHIBIT P2	A TRUE TO THE 8.9.201	COPY OF THE SUPPLYCO DEP 7.	AGREEMENT PERTAINING OT, CHALAKKUDI DATED
EXHIBIT P3	A TRUE PERTAIN CHALAKK	COPY OF THE ING TO THE S UDI DATED 8/	FURTHER CONTRACT UPPLYCO DEPOT, 9/2017
EXHIBIT P4	A TRUE ISSUED SUPPLIE	COPY OF THE BY THE KERAL S CORPORATIO	TENDER DOCUMENT A STATE CIVIL N DATED 12/5/2017.
EXHIBIT P5	A TRUE SUBMITT RESPOND	COPY OF THE ED BY THE PE ENT DATED 21	REPRESENTATION TITIONER TO THE 4TH /11/2018.

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EXHIBIT P6 A TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER TO THE 5TH RESPONDENT DATED 19/11/2018.

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RESPONDENT'S EXHIBITS:-

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EXHIBIT R2(a) TRUE COPY OF THE FIR REGISTERED AGAINST THE PETITIONER EXHIBIT R2(b) TRUE COPY OF THE NOTICE DATED 07.02.2018 EXHIBIT R2(c) TRUE COPY OF THE NOTICE DATED 08.02.2018

Sathar.K.a v. the State of Kerala

Case brief

What is this about?

What did the court decide?

Sathar.K.a v. the State of Kerala

Case brief

What is this about?

What did the court decide?

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