Disposed

Baiju P.A. v. the State of Kerala

Kerala HC20 Nov 2020WP(C)/17221/2020

Case brief

AI extract

What is this about?

The court disposed of a writ petition filed by a petitioner, who approached the District Collector for disbursement of dues from a sand removal contract. The court directed the Collector to dispose of the pending representation after hearing the petitioner and the Panchayat.

What did the court decide?

Directed the District Collector to dispose of the pending representation to the petitioner after affording an opportunity of hearing to the petitioner and the 4th respondent Panchayat.

Baiju P.A. Vs the State of Kerala — Writ and Judicial Review | 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.MUHAMED MUSTAQUE

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FRIDAY, THE 20TH DAY OF NOVEMBER 2020 / 29TH KARTHIKA, 1942

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WP(C).No.17221 OF 2020(C)

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PETITIONER/S:

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BAIJU P.A. AGED 46 YEARS S/O.ABDUL RAHIMAN,POZHINJIYIL HOUSE, PANANGAD.P.O, KANAYANNOOR,ERNAKULAM-682506.

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BY ADVS. SRI.J.OM PRAKASH SRI.T.G.SUNIL (PRANAVAM) SRI.C.X.ANTONY BENEDICT SHRI.T.S.BHARATH KRISHNA SHRI.ADHEEP VIJAY

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RESPONDENT/S:

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1 THE STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVT.,DEPARTMENT OF REVENUE,GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.

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2 THE DISTRICT COLLECTOR, ERNAKULAM,COLLECTORATE,CIVIL STATION ROAD,KAKKANAD,ERNAKULAM-682030.

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3 THE EXECUTIVE ENGINEER, IRRIGATION DIVISION,IRRIGATION DEPARTMENT,3RD FLOOR,CIVIL STATION, KAKKANAD,KOCHI-682030.

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4 CHELLANAM GRAMA PANCHAYAT, REPRESENTED BY ITS SECRETARY, CHELLANAM.P.O, KOCHI-682008.

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OTHER PRESENT:

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MANURAJ K J GP MURALI PURUSHOTHAMAN SC KSEC

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20.11.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.17221 OF 2020(C)

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JUDGMENT

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Dated this the 20th day of November 2020

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The petitioner approached the District Collector by Ext.P12 representation for disbursement of an amount of Rs. 1,68,45,300/-.

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According to the petitioner, this was due to him for being a contractor engaged for the removal of sand from the Uppathikad thodu and Vijayam Canal as entrusted by the Chellanam Grama Panchayat. 3. In view of the pendency of Ext.P12 representation, the District Collector is directed to dispose of the same in accordance with law,, after affording an opportunity of hearing to the petitioner and the 4^th respondent, Panchayat.

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The writ petition is disposed of accordingly.

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Sd/

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A.MUHAMED MUSTAQUE

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JUDGE

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Jm/

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WP(C).No.17221 OF 2020(C)

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1	TRUE COPY OF THE MINUTES OF THE MEETING DATED 19.07.2018 ISSUED BY THE 2ND RESPONDENT.
EXHIBIT P2	TRUE COPY OF ORDER DATED 19.07.2018 OF THE 2ND RESPONDENT.
EXHIBIT P3	TRUE COPY OF THE RE-TENDER NOTICE ISSUED ON 16.10.2018 BY THE SECRETARY OF THE 4TH RESPONDENT PANCHAYATH.
EXHIBIT P4	TRUE COPY OF THE PROCEEDINGS DATED 24.10.2018.
EXHIBIT P5	TRUE COPY OF THE AGREEMENT DATED 30.10.2018 ENTERED INTO BETWEEN THE PETITIONER AND THE SECRETARY OF 4TH RESPONDENT PANCHAYATH.
EXHIBIT P6	TRUE COPY OF THE NOTICE DATED 31.10.2018 ISSUED BY THE 4TH RESPONDENT.
EXHIBIT P7	TRUE COPY OF LETTER DATED 22.03.2019 OF THE SUB COLLECTOR,FORT KOCHI
EXHIBIT P8	TRUE COPY OF LETTER DATED 27.03.2019 OF THE 4TH RESPONDENT
EXHIBIT P9	TRUE COPY OF AGREEMENT DATED 17.04.2019 ENTERED INTO BETWEEN THE PETITIONER AND SHRI.A.V.SATHEENDRA NATHA BHATT.
EXHIBIT P10	TRUE COPY OF THE COMPLAINT DATED 09.12.2019 SUBMITTED BY THE PETITIONER BEFORE THE STATION HOUSE OFFICER OF KANNAMALY POLICE STATION.
EXHIBIT P11	TRUE COPY OF THE ORDER DATED 15.06.2019 OF THE DISTRICT COLLECTOR.
EXHIBIT P12	TRUE COPY OF REPRESENTATION DATED 12.02.2020 SUBMITTED BEFORE THE 2ND RESPONDENT
EXHIBIT P13	TRUE COPY OF REPRESENTATION DATED 12.02.2020 SUBMITTED BEFORE THE 1ST RESPONDENT

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WP(C).No.17221 OF 2020(C)

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EXHIBIT P14 TRUE COPY OF AD CARD OF THE 1ST RESPONDENT EXHIBIT P15 TRUE COPY OF AD CARD OF THE 2ND RESPONDENT.

Baiju P.A. v. the State of Kerala

Case brief

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Baiju P.A. v. the State of Kerala

Case brief

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