Disposed

The Proprietor v. State of Kerala

Kerala HC13 Jan 2021WP(C)/299/2021

Case brief

AI extract

What is this about?

Petitioner approached Court citing cancellation of a supply order. Court directed petitioner to approach the Director with a representation. Court ordered Director to consider the representation, afford a hearing, and pass orders within three weeks.

What did the court decide?

Petitioner to approach 2nd respondent with representation within one week. 2nd respondent to pass orders within three weeks after hearing.

The Proprietor Vs State of Kerala — Contract and Commercial Disputes | Kerala HC (2021)

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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 13TH DAY OF JANUARY 2021 / 23TH POUSHA, 1942

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WP(C).No.299 OF 2021(J)

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PETITIONER:

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THE PROPRIETOR, RUFER ENTERPRISES, CLOTH BAZAR ROAD, BROADWAY, ERNAKULAM - 682 031.

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BY ADVS. SRI.P.E.SAJAL SRI.S.KABEER

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RESPONDENTS:

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1 STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF SOCIAL JUSTICE, WOMAN AND CHILD DEVELOPMENT, SECRETARIAT, TRIVANDRUM - 695 001.

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2 THE DIRECTOR, WOMAN AND CHILD DEVELOPMENT DIRECTORATE, POOJAPPURA, TRIVANDRUM - 686 001.

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3 DISTRICT OFFICER, ICDS CELL, 3RD FLOOR, CIVIL STATION, KAKKANAD, ERNAKULAM - 682 030.

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4 CHILD DEVELOPMENT PROJECT OFFICER, ICDS PROJECT, KOCHI (U) 1, MATTANCHERRY, KOCHI - 682 002.

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5 CORPORATION OF KOCHI, REPRESENTED BY ITS SECRETARY, MAIN OFFICE, PARK AVENUE ROAD, KOCHI - 682 011.

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BY ADVS. SRI.S.SUDHISH KUMAR, SC SMT.PRINCY XAVIER, GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.299 OF 2021(J)

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JUDGMENT

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Aggrieved by Ext.P2 order cancelling the supply order issued to petitioner as per Ext.P1, the petitioner has approached the 3^rd respondent with Ext.P3 representation.

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According to the petitioner, Ext.P2 order has been issued without any prior notice.

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2. At the same time, the learned Government Pleader on instructions submits that several notices were issued to petitioner for delivery of the articles ordered in Ext.P1 since July, 2020.

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3. The petitioner says that he has not received any such information and he had already collected the articles which remains without supply.

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4. In the circumstances of the case it

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would be appropriate that the petitioner approaches the 2^nd respondent.

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WP(C).No.299 OF 2021(J)

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Therefore the petitioner shall

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approach the 2^nd respondent with a representation within one week along with a copy of this judgment and there shall be a further direction to the 2^nd respondent to consider the same and pass orders, after affording an opportunity of hearing to the petitioner through electronic media and take a decision within a further period of three weeks. Sd/-

Sd/-

P.V.ASHA JUDGE

WP(C).No.299 OF 2021(J)

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE SUPPLY ORDER ISSUED BY THE 4TH RESPONDENT DATED 4.3.2020. EXHIBIT P2 TRUE COPY OF THE COMMUNICATION DATED 14.12.2020 ISSUED BY THE 4TH RESPONDENT. EXHIBIT P3 TRUE COPY OF THE REPRESENTATION ADDRESSED BY THE PETITIONER TO THE 3RD RESPONDENT ON 31.12.2020.

The Proprietor v. State of Kerala

Case brief

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The Proprietor v. State of Kerala

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