Dismissed

National Transportation Planning and Research Centre (Natpac) v. D.Robinson

Kerala HC15 Dec 2020WA/1469/2020

Case brief

AI extract

What is this about?

The High Court of Kerala closed three writ appeals arising from judgments on writ petitions, accepting submissions that the matters were settled out of court. A liberty was granted to prosecute appeals if the underlying payments were not made within the specified time limit.

What did the court decide?

Three writ appeals closed as settled out of court with liberty to prosecute on merit if settlement is not honoured.

National Transportation Planning and Research… — 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 A.M.SHAFFIQUE

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THE HONOURABLE MR. JUSTICE GOPINATH P.

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TUESDAY, THE 15TH DAY OF DECEMBER 2020 / 24TH AGRAHAYANA, 1942

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WA.No.1203 OF 2020

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AGAINST THE JUDGMENT DATED 21.11.2019 IN WP(C) 6742/2019(P) OF HIGH COURT OF KERALA

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APPELLANT/RESPONDENT NO.3:

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NATIONAL TRANSPORTATION PLANNING AND RESEARCH CENTRE (NATPAC), REPRESENTED BY ITS REGISTRAR, SASTRA BHAVAN, PATTOM PO, THIRUVANANTHAPURAM, PIN - 695004.

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BY ADV. SRI.B.S.SYAMANTHAK

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RESPONDENTS/PETITIONER & RESPONDENTS 1,2,4:

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1 TOMY CYRIAC PULICKEYIL HOUSE, 35 GOURI NAGAR, PONGUMOODU MCPO, THIRUVANANTHAPURAM-695011.

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2 KERALA STATE COUNCIL FOR SCIENCE AND TECHNOLOGY(KSCSTE) REPRESENTED BY ITS EXECUTIVE VICE PRESIDENT, SASTRA BHAVAN, PATTOM P O, THIRUVANANTHAPURAM, PIN - 695004.

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3 THE MEMBER SECRETARY KERALA STATE COUNCIL FOR SCIENCE AND TECHNOLOGY(KSCSTE), SASTRA BHAVAN, PATTOM P.O, THIRUVANANTHAPURAM , PIN - 695004.

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4 STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF SCIENCE AND TECHNOLOGY, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001.

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SRI. T. RAJASEKHARAN NAIR- SR. G.P.

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THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 15.12.2020, ALONG WITH WA.1442/2020, WA.1469/2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.A.No.1203/2020&con.cases

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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 A.M.SHAFFIQUE

¶24

¶25

THE HONOURABLE MR. JUSTICE GOPINATH P.

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TUESDAY, THE 15TH DAY OF DECEMBER 2020 / 24TH AGRAHAYANA, 1942

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WA.No.1442 OF 2020

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AGAINST THE JUDGMENT DATED 21.11.2019 IN WP(C) 8673/2019(H) OF HIGH COURT OF KERALA

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APPELLANT/RESPONDENT NO.3:

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NATIONAL TRANSPORTATION PLANNING AND RESEARCH CENTRE (NATPAC) REP. BY ITS REGISTRAR, SASTRA BHAVAN, PATTOM P.O., THIRUVANANTHAPURAM, PIN-695 004

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BY ADVS. SMT.BINDUMOL JOSEPH SRI.B.S.SYAMANTHAK

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RESPONDENTS/PETITIONER & RESPONDENTS 1,2,4:

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1 DR.MAHESH CHAND,AGED 66, S/O.MAHENDRA KUMAR, RESIDING AT FLAT 303, NEW SHIVALIC, PLOT 04, SECTOR 51, RURGRAM 122 011

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2 G.C.DAS GUPTA,AGED 67 YEARS S/O.LAE AMALENDU DAS GUPTA, RESIDING AT FLAT NO.ID, BLOCK 17, SUNNY SEASONS, NEAR KAMALZI MORE, KOLKATA 700103

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3 KERALA STATE COUNCIL FOR SCIENCE AND TECHNOLOGY AND ENVIRONMENT REP.BY ITS EXECUTIVE VICE PRESIDENT, SASTRA BHAVAN, PATTOM P.O., THIRUVANANTHAPURAM, PIN-695 004

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4 THE MEMBER SECRETARY

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KERALA STATE COUNCIL FOR SCIENCE, TECHNOLOGY AND ENVIRONMENT, SASTRA BHAVAN, PATTOM P.O., THIRUVANANTHAPURAM, PIN-695 004

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W.A.No.1203/2020&con.cases

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5 STATE OF KERALA REP.BY SECRETARY TO GOVERNMENT, DEPARTMENT OF SCIENCE AND TECHNOLOGY, SECRETARIAT, THIRUVANANTHAPURAM, PIN-695 001

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OTHER PRESENT:

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SRI. T. RAJASEKHARAN NAIR- SR. G.P.

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THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 15.12.2020, ALONG WITH WA.1203/2020, WA.1469/2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶44

W.A.No.1203/2020&con.cases

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶47

PRESENT

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THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE

¶49

¶50

THE HONOURABLE MR. JUSTICE GOPINATH P.

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TUESDAY, THE 15TH DAY OF DECEMBER 2020 / 24TH AGRAHAYANA, 1942

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WA.No.1469 OF 2020

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AGAINST THE JUDGMENT DATED 21.11.2019 IN WP(C) 11286/2019(I) OF HIGH COURT OF KERALA

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APPELLANTS/RESPONDENT NO.3:

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NATIONAL TRANSPORTATION PLANNING AND RESEARCH CENTRE (NATPAC) REPRESENTED BY ITS REGISTRAR, SASTRA BHAVAN, PATTOM P.O., THIRUVANANTHAPURAM, PIN - 695 004.

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BY ADVS. SMT.BINDUMOL JOSEPH SRI.B.S.SYAMANTHAK

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RESPONDENTS/PETITIONER & RESPONDENTS 1,2,4:

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1 D.ROBINSON TC 6/2551-7, B4, DOCTORS PARK, SUT ROYAL, HOSPITAL ROAD, ULLOOR, THIRUVANANTHAPURAM - 695 011.

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2 D.SUNDER S. PLOT NO.2, THIRD CROSS STREET, BHARATH NAGAR, MENAMEDU, AMBATTUR OT, CHENNAI - 600 053.

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3 KERALA STATE COUNCIL FOR SCIENCE AND TECHNOLOGY AND ENVIRONMENT REPRESENTED BY ITS EXECUTIVE VICE PRESIDENT, SASTRA BHAVAN, PATTOM P.O., THIRUVANANTHAPURAM, PIN - 695 004.

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4 THE MEMBER SECRETARY KERALA STATE COUNCIL FOR SCIENCE, TECHNOLOGY AND ENVIRONMENT, SASTRA BHAVAN, PATTOM P.O., THIRUVANANTHAPURAM, PIN - 695 004.

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W.A.No.1203/2020&con.cases

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5 STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF SCIENCE AND TECHNOLOGY, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695 001.

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SRI. T. RAJASEKHARAN NAIR- SR. G.P.

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THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 15.12.2020, ALONG WITH WA.1203/2020, WA.1442/2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.A.No.1203/2020&con.cases

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JUDGMENT

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[ C.M.Appln.No.2/2020 in W.A.No.1442/2020, C.M.Appln.No.2/2020 in W.A.No.1469/2020, & WA.1203/2020, WA.1442/2020, WA.1469/2020 ]

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Dated this the 15th day of December 2020

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Shaffique, J.

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It is submitted by the learned counsel appearing for the appellant and the respondents that the matter had already been settled out of court and therefore, there is no necessity to consider the appeals on merit. The learned counsel for the respondents has no objection in closing the matter.

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The learned counsel for the appellant, however, would submit that in certain other cases there was a direction by the learned single Judge to pay the amount within the specified time limit failing which there was an obligation to pay interest and appeals are filed. Therefore these appeals may be closed with liberty to prosecute the said appeals on merit.

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Hence, C.M.Appln.No.2/2020 in W.A.No.1442/2020,

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C.M.Appln.No.2/2020 in W.A.No.1469/2020 and the writ appeals are closed as settled out of Court, with liberty as aforestated.

Sd/-

A.M.SHAFFIQUE

JUDGE

GOPINATH P.

JUDGE

acd

National Transportation Planning and Research Centre (Natpac) v. D.Robinson

Case brief

What is this about?

What did the court decide?

National Transportation Planning and Research Centre (Natpac) v. D.Robinson

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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