Disposed

Vyapari Vyavasayi Ekopana Samiti v. Joy Mohan W

Kerala HC3 Aug 2020Con.Case(C)/981/2020

Case brief

AI extract

What is this about?

This contempt petition alleged non-compliance with directions to consider representations on parking spaces for autorickshaws and implement a specific order. The court recorded the respondents' submissions regarding compliance delays due to the COVID-19 pandemic and cautioned against future violations.

What did the court decide?

Court cautioned respondents and allowed two months for final decision on representations subject to COVID-19 restrictions.

Vyapari Vyavasayi Ekopana Samiti Vs Joy Mohan W — Public Procurement and Tenders | Kerala HC (2020)

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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 DEVAN RAMACHANDRAN

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MONDAY, THE 03RD DAY OF AUGUST 2020 / 12TH SRAVANA, 1942

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Con.Case(C).No.981 OF 2020 IN WP(C). 26182/2018

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AGAINST THE JUDGMENT IN WP(C) 26182/2018(W) OF HIGH COURT OF KERALA

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PETITIONERS:

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1 VYAPARI VYAVASAYI EKOPANA SAMITI NILAMEL UNIT COMMITTEE, VYAPARA BHAVAN, NILAMEL P.O., KOLLAM, PIN-691 535, REPRESENTED BY ITS PRESIDENT

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2 BADHARUDEEN.A., AGED 68 YEARS S/O.ABDUL AZEEZ, PANAYIL VEEDU, KANNANKOD, NILAMEL P.O., KOLLAM-691 535

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BY ADVS. SRI.P.SANJAY SMT.A.PARVATHI MENON

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RESPONDENTS:

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1 JOY MOHAN W., SECRETARY, NILAMEL GRAMA PANCHAATH, NILAMEL P.O., KOLLAM DISTRICT,KERALA-691 535

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2 SAJU.S.DAS

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CIRCLE INSPECTOR OF POLICE, CHADAYAMANGALAM POLICE STATION, KADAKKAL, KOLLAM DISTRICT, KERALA-691 536

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3 FIROZ, SUB REGIONAL TRANSPORT OFFICER, CHANDAMUKKU,KOTTARAKKARA, KOLLAM DISTRICT, KERALA-691 506

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R1 BY ADV. T.M.ABDUL LATHEEF

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THIS CONTEMPT OF COURT CASE (CIVIL) HAVING BEEN FINALLY HEARD ON 03.08.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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Con.Case(C)981/2020 IN WP(C).26182/2018

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JUDGMENT

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This contempt of court case has been

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filed by the writ petitioners in W.P(C)No.26182 of 2018, alleging that the directions in the judgment of this Court dated 27.11.2019 have not been complied with.

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Shri.Kiran Narayanan, learned counsel

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for the petitioners, submits that even though this Court had directed the respondents to consider their representations with respect to alternate parking spaces for Autorickshaws and also to implement Ext.P10 order produced along with the writ petition scrupulously, nothing has been done on both counts. They thus prays that necessary action be taken against the respondents.

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In response, Shri.T.M.Abdul Latheef,

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learned counsel appearing for the 1^st respondent, submits that there has been no deliberate violation of any of the directions

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Con.Case(C)981/2020 IN WP(C).26182/2018

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in the judgment, but that his client has been

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unable to comply with the same until now solely on account of the COVID-19 pandemic restrictions. He thereafter refuted the allegations of the petitioners that Ext.P10 order is not being complied with, reassuring this Court and reiteratingly submitting that the same is being implemented and will continued to be implemented until final decision is taken in terms of the judgment.

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As regards the representations of the

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petitioners are concerned, Shri.T.M.Abdul Latheef submits that the same will also be taken note of, while final decision is taken as directed by this Court; and that this can

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be done, subject to the COVID-19

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stipulations, within a period of two months from the date of receipt of a copy of this judgment.

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The afore submissions are recorded and I

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caution the respondents that if there is any violation with respect to the implementation of Ext.P10, it will be taken note of very seriously by this Court; and I leave liberty to the petitioners to approach this Court again in future if so necessitated.

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Sd/-

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DEVAN RAMACHANDRAN

JUDGE

MC/3.8.2020

APPENDIX

PETITIONER'S/S EXHIBITS:

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ANNEXURE-A1 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONERS DATED 18.12.2019

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ANNEXURE-A1(A) TRUE COPY OF THE POSTAL RECEIPTS DATED 20.12.2019 ANNEXURE-A1(B) TRUE COPY OF THE AD CARDS DATED 21.12.2019 ANNEXURE-A1(C) TRUE COPY OF THE ACKNOWLEDGMENT RECEIPT DATED 20.12.2019 ISSUED BY THE OFFICE OF THE 1ST RESPONDENT

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RESPONDENT'S/S EXHIBITS:

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NIL

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(TRUE COPY) PA TO JUDGE

Vyapari Vyavasayi Ekopana Samiti v. Joy Mohan W

Case brief

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Vyapari Vyavasayi Ekopana Samiti v. Joy Mohan W

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