Disposed

Mathew Joseph v. State of Kerala

Kerala HC17 Dec 2020WP(C)/30856/2013

Case brief

AI extract

What is this about?

The High Court considered a writ petition challenging a Panchayat's demand for auction fees for a meat stall. Acknowledging the petitioner was jobless, the court declined to decide legal issues, instead directing the Panchayat to accept Rs.30,000 as a settlement for remaining dues.

What did the court decide?

Panchayat directed to accept Rs.30,000 from petitioner besides paid amounts to satisfy usage fee; time given till 31.03.2021 to clear balance.

Mathew Joseph Vs State of Kerala — Contract and Commercial Disputes | 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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THURSDAY, THE 17TH DAY OF DECEMBER 2020 / 26TH AGRAHAYANA, 1942

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WP(C).No.30856 OF 2013(F)

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PETITIONER:

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MATHEW JOSEPH, AGED 48 YEARS, S/O.JOSEPH, PEZHUMKATTIL HOUSE, VELLARAMKUNNU KARA,KUMALY VILLAGE.

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BY ADVS. SRI.K.S.HARIHARAPUTHRAN SRI.A.G.SUNILKUMAR SRI.DIPU JAMES SRI.GEORGE MATHEW SHRI.P.A.ISMAIL SRI.M.D.SASIKUMARAN

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RESPONDENTS:

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1 STATE OF KERALA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF LOCALSELF GOVERNMENT INSTITUTIONS, STATE SECRETARIAT,THIRUVANANTHAPURAM - 695 001

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2 AYYAPPANKOVIL GRAMA PANCHAYATH REP. BY ITS SECRETARY, AYYAPPANKOVIL P.O.,MARYKULAM, IDUKKI - 685 507

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3 THE SECRETARY, AYYAPPANKOVIL GRAMA PANCHAYATH, AYYAPPANKOVIL P.O.MARYKULAM, IDUKKI - 685 507.

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R1-2 BY ADV. SRI.C.S.MANILAL

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S GOPINATHAN SR GP

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17.12.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.30856 OF 2013(F)

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..2..

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JUDGMENT

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Dated this the 17th day of December 2020

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The petitioner was a successful bidder to conduct a meat stall within Ayyappankovil Grama Panchayat. This was for the period 20122013. His bid was for an amount of Rs.1,12,000/-. The petitioner could not conduct the meat stall. The Panchayat on 19.11.2012 re-auctioned for sum of Rs.32,250/- for the remaining period.

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The Panchayat demanded sum of Rs.84,000/- from the petitioner after deducting the payment already effected. The petitioner had already effected the payment of 1^st installment Rs.28,000/- and Rs.5,000/- as EMD. The petitioner was liable to pay the entire amount in four quarterly installments. The balance demanded by the Panchayat is for the remaining three installments, totaling Rs.84,000/-. The demand is under challenge in this writ petition.

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The learned counsel for the petitioner projected that now, the petitioner is jobless and have no other means. After arguing on the

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legal points, finding that it was against him, fairly submitted that he is

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..3..

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WP(C).No.30856 OF 2013(F)

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prepared to settle with the Panchayat, if this Court is inclined to reduce the amount. The learned counsel for the Panchayat opposed it. Any way,

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I am not enter into the legal issue involved in this case, I leave open all issues.

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Taking note of the peculiar facts and circumstances, I am of

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the view that the Panchayat should settle the case by accepting Rs.30,000/- (Rupees Thirty Thousand only) from the petitioner besides the amount already paid by the petitioner, this will satisfy atleast proportionate to the user fee payable by the petitioner upto atleast November. This direction is issued taking note of the petitioner's present situation as a jobless person. The time is given upto 31.03.2021 to clear the amount either installment or lump-sum.

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This writ petition is disposed of as above.

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Sd/-

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A.MUHAMED MUSTAQUE

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JUDGE

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WP(C).No.30856 OF 2013(F)

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..4..

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF APPLICATION DATED 6.5.2012 EXHIBIT P2 TRUE COPY OF NOTICE NO.A2.2384/12/(2) DTD 27.10.2012 EXHIBIT P3 TRUE COPY OF NOTICE NO.A2.2384/12 DTD 26.11.2012 EXHIBIT P4 TRUE COPY OF REPRESENTATION DTD 19.10.2013 EXHIBIT P5 TRUE COPY OF DEMAND NOTICE NO.A2.2384/12 DTD 5.11.2013.

Mathew Joseph v. State of Kerala

Case brief

What is this about?

What did the court decide?

Mathew Joseph v. State of Kerala

Case brief

What is this about?

What did the court decide?

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