The court dismissed the writ petition regarding the compulsion to execute an expensive agreement on stamp paper, holding that a prior interim order permitting execution on a fifty-rupee stamp paper rendered the matter devoid of consideration due to the expired contract period.
The writ petition is closed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
WEDNESDAY, THE 10TH DAY OF JUNE 2020 / 20TH JYAISHTA, 1942
WP(C).No.11244 OF 2010(E)
PETITIONER/S:
PAVIN VARGHESE S/O. VARGHESE.P.O, PUTHUSSERY VEEDU,, CHERAI.P.O, ERNAKULAM.
BY ADVS. SRI.S.RAJEEV SRI.K.K.DHEERENDRAKRISHNAN
RESPONDENT/S:
1 PALLIPURAM GRAMA PANCHAYATH & ANR CHERAI.P.O, ERNAKULAM,, REPRESENTED BY ITS SECRETARY.
2 STATE OF KERALA REPRESENTED BY CHIEF SECRETARY,, GOVT. SECRETARIAT, THIRUVANANTHAPURAM.
R1 BY ADV. SRI.T.A.SHAJI
OTHER PRESENT:
GP DEEPA NARAYANAN
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10.06.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No. 11244 of 2010
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Dated this the 10th day of June, 2020
JUDGMENT
The writ petition essentially highlights the
grievance of the petitioner is about the compulsion to execute an agreement on stamp papers having value of 6.5% of the contract amount, as a condition for finalising the contract awarded in his favour.
2. This Court had granted an interim order
permitting the petitioner to execute the
agreement in a fifty rupees stamp paper. The contract period was only for one year period from 01.04.2010 to 31.03.2011.
In such circumstances, nothing survives for consideration in this writ petition and accordingly, the writ petition is closed.
Sd/V.G.ARUN JUDGE
Scl/10.06
W.P.(C) No. 11244 of 2010
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APPENDIX
PETITIONER'S EXHIBITS: P1: COPY OF TENDER NOTICE
P2: COPY OF RECEIPT DT.15.02.2010 ISSUED BY THE 1ST RESPONDENT.
P3: COPY OF LETTER DATED 22.02.2010 ISSUED BY THE 1ST RESPONDENT.
P4: COPY OF ORDER DATED 1.04.2008 IN WPC NO.10890/2008.
P5: COPY OF JUDGMENT DATED 20.08.2009 IN WP(c) NO.9911 OF 2009.
Pavin Varghese
Pallipuram Grama Panchayath
State of Kerala
V.G. Arun
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
