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V.J.Joseph v. the State of Kerala

Kerala HC18 Nov 2020WP(C)/23440/2020

Case brief

AI extract

What is this about?

Petitioner challenged an order imposing financial loss and demanding remittance without prior hearing. Writ court directed second respondent to consider petitioner's representation after affording hearing via electronic mode. Further action on impugned order stayed.

What did the court decide?

Directed second respondent to consider petitioner's representation after affording hearing through electronic mode; further action on Ext.P9 stayed.

V.J.Joseph Vs the State of Kerala — Constitutional and Fundamental Rights | 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 SMT. JUSTICE P.V.ASHA

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WEDNESDAY, THE 18TH DAY OF NOVEMBER 2020 / 27TH KARTHIKA, 1942

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WP(C).No.23440 OF 2020(D)

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PETITIONER:

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V.J.JOSEPH, AGED 38 YEARS S/O. JOSEPH ANTONY, VAYALIL HOUSE, VADUTHALA MARKET ROAD, COCHIN 23.

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BY ADV. SRI.K.R.SUNIL

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RESPONDENTS:

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1 THE STATE OF KERALA

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REPRESENTED BY THE PRINCIPAL SECRETARY, PRINTING AND STATIONARY DEPARTMENT, THIRUVANANTHAPURAM-695 001

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2 THE CONTROLLER OF STATIONARY, OFFICE OF THE STATIONARY CONTROLLER, THIRUVANANTHAPURAM-695 033.

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3 THE DEPUTY CONTROLLER OF STATIONARY, OFFICE OF THE STATIONARY CONTROLLER, THIRUVANANTHAPURAM-695 033.

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4 THE DISTRICT POLICE CHIEF, DISTRICT POLICE CHIEF OFFICE, WAYANAD.

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OTHER PRESENT:

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GP, SMT.VINITHA.B,

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18.11.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.23440 OF 2020(D)

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J U D G M E N T

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Petitioner is aggrieved by Ext.P9 order by which a sum of Rs.5,12,211/- has been found to be the loss sustained by the Department at the instance of the petitioner and he has been directed to remit the said amount with the account of the Stationary Department. According to the petitioner the decision regarding the loss caused to Government has been arrived at without giving an opportunity of hearing to the petitioner. Pointing out this, petitioner has submitted Ext.P10 representation before the second respondent through registered post. Petitioner seeks an opportunity of hearing before the decision is implemented.

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The writ petition is therefore disposed of directing the second respondent to consider and pass orders on Ext.P10 representation, after affording an opportunity of hearing to the petitioner through

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WP(C).No.23440 OF 2020(D)

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electronic mode. Further action on Ext.P9 shall be subject to the decision to be taken on Ext.P10 representation.

Sd/-

P.V.ASHA, JUDGE

WP(C).No.23440 OF 2020(D)

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXHIBIT	P1 THE TRUE COPY OF THE CIRCULAR ISSUED BY THE 2ND RESPONDENT DATED 06.07.2019.
EXHIBIT	P2 THE TRUE COPY OF THE LETTER DATED 02.03.2020 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT.
EXHIBIT	P3 TRUE COPY OF THE REPRESENTATION DATED 18.03.2020 TO THE 2ND RESPONDENT.
EXHIBIT	P4 TRUE COPY OF THE LETTER DATED 18.05.2020 ISSUED BY THE 3RD RESPONDENT.
EXHIBIT	P5 THE TRUE COPY OF THE LETTER DATED 05.06.2020.
EXHIBIT	P6 THE TRUE COPY OF THE INTERIM ORDER DATED 24.04.2020 IN W.A.NO.637/2020 OF THIS HON'BLE COURT.
EXHIBIT	P7 THE TRUE COPY OF THE LETTER DATED 25.03.2020.
EXHIBIT	P8 THE TRUE COPY OF THE LETTER DATED 03.07.2020 PUBLISHED BY THE 4TH RESPONDENT.
EXHIBIT	P9 THE TRUE COPY OF THE LETTER DATED 15.10.2020 ISSUED TO THE PETITIONER BY THE 4TH RESPONDENT.
EXHIBIT	P10 THE TRUE COPIES OF THE EXPLANATION LETTER SEND BY THE PETITIONER TO THE 2ND RESPONDENT.

V.J.Joseph v. the State of Kerala

Case brief

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V.J.Joseph v. the State of Kerala

Case brief

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