Remanded

J.Sudhakaran v. the State of Kerala

Kerala HC6 Mar 2020WP(C)/6215/2020

Case brief

AI extract

What is this about?

A writ petition challenging the suspension of an electrical contractor’s license. The court directed that the impugned documents be treated as show cause notices and mandated that further action be taken only after providing notice, hearing the petitioner, and considering objections.

What did the court decide?

Directions issued to treat Exts.P3 and P4 as show cause notices and to take further action only after putting the petitioner on notice, hearing him, and considering his objections.

J.Sudhakaran Vs the State of Kerala — Service and Employment | 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 MRS. JUSTICE ANU SIVARAMAN

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FRIDAY, THE 06TH DAY OF MARCH 2020 / 16TH PHALGUNA, 1941

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WP(C).No.6215 OF 2020(B)

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PETITIONER:

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J.SUDHAKARAN AGED 48 YEARS S/O. JANARDHANAN, THEJUS ELECTRICALS, VAVAKKAVU, K.S.PURAM P.O., KOLLAM-690 518.

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BY ADVS.

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SRI.K.SHAJ JOSSY S KATTUR SRI.RENJIT GEORGE SRI.C.IJLAL SRI.ARUN CHAND SHRI.THAREEQ ANVER KUM.K.SALMA JENNATH SHRI.JAI GOVIND M.J.

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RESPONDENTS:

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1 THE STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.

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2 THE GOVERNMENT PRINCIPAL SECRETARY PUBLIC WORKS (G) DEPARTMENT, THIRUVANANTHAPURAM, KERALA-695 001.

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3 THE EXECUTIVE ENGINEER PUBLIC WORKS DEPARTMENT ELECTRICAL DIVISION, THIRUVANANTHAPURAM, KERALA-695 033.

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4 SAVITHA R AMRITHA VEEDU, PULI SOUTH, EDAKULANAGARA P.O., THODIYOOR, KARUNAGAPPALLY, KOLLAM, KERALA-690 523.

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WP(C).No.6215 OF 2020(B)

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BY ADVS.

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SR.GP. K.V. MANOJKUAR

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06.03.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.6215 OF 2020(B)

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JUDGMENT

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This Writ Petition is filed challenging suspension of Electrical Contractor’s License issued to the petitioner by Ext.P3. Learned counsel for the petitioner submits that action initiated against the petitioner was on the ground that a police complaint was preferred against him. However, it is stated that the said complaint has culminated in Ext.P5. It appears that

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the petitioner was not put on notice or heard before action was taken against him.

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The learned Government Pleader submits that the petitioner will be put on notice and the petitioner’s contentions will be considered

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before any further action is taken against him.

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In the above view of the matter, there will be a direction that Exts.P3 and P4 will be treated as show cause notices and the further action to be taken against the petitioner will be only after putting him on notice, hearing him and considering his objections.

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Sd/-

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ANU SIVARAMAN JUDGE

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SCS

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WP(C).No.6215 OF 2020(B)

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 THE TRUE COPY OF THE ELECTRICAL 'B' CONTRACTORS REGISTRATION CARD OF THE PETITIONER BEARING REGISTRATION NO.4B/EE/ELE/TVM ISSUED BY THE THIRD RESPONDENT.

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EXHIBIT P2 THE TRUE COPY OF THE F.I.R. DATED 6.7.2019 IN CRIME NO.1053/19 OF KARUNAGAPPALLY POLICE STATION. EXHIBIT P3 THE TRUE COPY OF THE FILE NO.PWDG3/402/2019-PWD DATED 1.8.2019 SENT BY THE SECOND RESPONDENT TO THE THIRD RESPONDENT. EXHIBIT P4 THE TRUE COPY OF THE ORDER NO.EDT/A2/2408/2019 DATED 16.8.2019 MADE BY THE THIRD RESPONDENT SUSPENDING THE LICENSE OF THE PETITIONER. EXHIBIT P5 THE TRUE COPY OF REFER CHARGE NO.212/19 IN CRIME NO.1053/19 OF KARUNAGAPPALLY POLICE STATION FILED BY THE SUB INSPECTOR OF POLICE, KARUNAGAPPALLY POLICE STATION BEFORE THE HON'BLE JUDICIAL FIRST CLASS MAGISTRATE COURT, KARUNAGAPPALLY.

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//TRUE COPY// PA TO JUDGE

J.Sudhakaran v. the State of Kerala

Case brief

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J.Sudhakaran v. the State of Kerala

Case brief

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