Disposed

Kottappuram Paravur Vegetable Wholesale Association v. Kodungallur Municipality

Kerala HC7 Mar 2019WP(C)/6183/2019

Case brief

AI extract

What is this about?

The Court disposed of a writ petition seeking to quash an auction notice and direct consideration of a complaint regarding a vegetable market. It held quashing infructuous due to no bidders and directed the Municipality to consider the complaint with notice, within three weeks.

What did the court decide?

The Court directed the respondent to consider the complaint with notice to the petitioner and all affected parties and to pass orders expeditiously within three weeks.

Kottappuram Paravur Vegetable Wholesale Association… — Writ and Judicial Review | 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 ANIL K.NARENDRAN

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THURSDAY ,THE 07TH DAY OF MARCH 2019 / 16TH PHALGUNA, 1940

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WP(C).No. 6183 of 2019

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PETITIONER:

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KOTTAPPURAM-PARAVUR VEGETABLE WHOLESALE ASSOCIATION REPRESENTED BY ITS PRESIDENT, SRI. MOHAMMED SHERIF, S/O. SHAMSUDDEEN, AGED 37, RESIDING AT EDAVANAKKATT HOUSE, KODUNGALLUR, PIN-680 664

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BY ADV. SRI.K.B.PRADEEP

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RESPONDENT:

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KODUNGALLUR MUNICIPALITY KODUNGALLUR P.O, THRISSUR DISTRICT, PIN-680 664, REPRESENTED BY ITS SECRETARY.

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SRI K.A.NOUSHAD , STANDING COUNSEL

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07.03.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C)No.6183 of 2019

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:-2-:

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J U D G M E N T

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The petitioner, who is stated to be the

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President of Vegetable Wholesale Association in Kottappuram-Paravur has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of certiorari to quash Ext.P1 auction notice dated 19.2.2019 issued by the

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respondent Municipality; a writ of mandamus commanding the respondent to consider and pass

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orders on Ext.P2 complaint with notice and

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opportunity of being heard to the petitioner, before finalisation of Ext.P1 tender proceedings;

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and direct the respondent to specifically earmark and bound the Kottappuram Public Market with specific physical boundaries and make necessary infrastructural facilities to conduct the market hygienically.

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2. On 28.2.2019 when this writ petition came

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W.P.(C)No.6183 of 2019

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:-3-:

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up for admission, the learned Standing Counsel took notice for the respondent and sought time to get instructions. It was submitted by the learned

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Standing Counsel that there was no eligible bidder in respect of Ext.P1 tender notice.

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3. Heard the learned counsel for the

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petitioner and also the learned Standing Counsel for the respondent Municipality.

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4. The first relief sought for in this writ

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petition, i.e., a writ of certiorari to quash

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Ext.P1 auction notice dated 19.2.2019 issued by the

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respondent Municipality, has now become

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infructuous, since in the auction conducted on

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28.2.2019, there was no eligible bidders.

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5. The learned counsel for the petitioner

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would submit that Ext.P2 complaint made by the

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petitioner is pending consideration, which may be directed to be considered with notice to the

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W.P.(C)No.6183 of 2019

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:-4-:

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petitioner and also other affected parties.

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6. The learned Standing Counsel for respondent

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Municipality would submit that the respondent shall

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consider Ext.P2 representation made by the

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petitioner, within a time limit to be fixed by this Court.

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Having considered the submissions made by the

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learned counsel on both sides, this writ petition is disposed of, without going into the merits of

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the case, by directing the respondent to consider and pass appropriate orders on Ext.P2

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representation, with notice to the petitioner and all other affected parties, after publishing public

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notice in the market premises. Necessary orders in

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this regard shall be passed by the respondent, as

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expeditiously as possible, at any rate within a

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period of three weeks from the date of receipt of a certified copy of this judgment.

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W.P.(C)No.6183 of 2019

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:-5-:

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All legal and factual contentions raised by the

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petitioner are left open to be raised before the

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respondent at appropriate stage.

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Sd/-

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ANIL K.NARENDRAN JUDGE

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ami/

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF NOTICE DT. 19/2/2019 EXHIBIT P2 TRUE COPY OF LETTER DT. 26/2/2019 EXHIBIT P3 LIST OF MEMBERS OF THE PETITIONER ASSOCIATION.

Kottappuram Paravur Vegetable Wholesale Association v. Kodungallur Municipality

Case brief

What is this about?

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Kottappuram Paravur Vegetable Wholesale Association v. Kodungallur Municipality

Case brief

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