Disposed

Haris v. State of Kerala

Kerala HC8 Feb 2021WP(C)/3047/2021

Case brief

AI extract

What is this about?

This writ petition challenged the recovery of auctioned amounts from market premises. The court directed the Panchayath to consider the petitioner's representation for waiver with a hearing and stayed recovery proceedings pending its orders.

What did the court decide?

Direction to respondent Panchayath to consider petitioner's representation with hearing within one month; recovery proceedings stayed pending such order.

Haris Vs State of Kerala — Writ and Judicial Review | Kerala HC (2021)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR

¶4

MONDAY, THE 08TH DAY OF FEBRUARY 2021 / 19TH MAGHA,1942

¶5

WP(C).No.3047 OF 2021(E)

¶6

PETITIONER/S:

¶7

HARIS,AGED 27 YEARS S/O.KUNJISOOPY, RESIDING AT PUTHENPURAL, KALLACHI P.O., KUTTIPURAM, NADAPURAM, VADAKARA TALUK, KOZHIKODE DISTRICT PIN 673 506

¶8

BY ADV. SRI.J.R.PREM NAVAZ

¶9

RESPONDENT/S:

¶10

1 STATE OF KERALA REP.BY THE SECRETARY TO GOVERNMENT, LOCAL SELF GOVERNMENT, GOVERNMENT SECRETARIAT, STATUE, THIRUVANANTHAPURAM DISTRICT PIN 695 001.

¶11

2 NADAPURAM GRAMA PANCHAYATH VADAKARA TALUK, KOZHIKODE TALUK, PIN 673 506, REP.BY ITS SECRETARY.

¶12

3 THE SECRETARY

¶13

NADAPURAM GRAMA PANCHAYATH, VADAKARA TALUK, KOZHIKODE TALUK, PIN 673 506

¶14

OTHER PRESENT:

¶15

GP:SRI.PAUL ABRAHAM VAKKANAL

¶16

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶17

WP(C).No.3047 OF 2021(E)

¶18

¶19

JUDGMENT

¶20

On receipt of Ext.P1 demand for the arrears of auctioned amounts, the petitioner has preferred Ext.P2 representation before the 3^rd respondent seeking a waiver of the amounts for which he had auctioned the market premises of the respondent Panchayath. In the representation the petitioner cites the intervening pandemic situation in the State as the reason for claiming abatement of the rates. The limited prayer in the writ petition is for a direction to the 3^rd respondent Panchayath to consider the representation and to keep in abeyance the recovery proceedings pursuant to Ext.P1 notice, in the meanwhile.

¶21

Heard the learned counsel for the petitioner and also the learned Government Pleader for the 1^st respondent. In the nature of the order that is proposed to be passed, I deem it not necessary to hear the 2^nd and 3^rd respondents.

¶22

On a consideration of the facts and circumstances of the case and the submissions made across the Bar, I dispose the writ petition with a direction to the 3^rd respondent to consider and pass orders on Ext.P2 representation preferred by the petitioner within one month from the date of receipt of a copy of this judgment, after hearing the petitioner. Recovery steps pursuant to Ext.P1 demand notice shall be kept in abeyance till such time as orders are passed by the 3^rd respondent as directed and the order communicated to the petitioner. The petitioner shall produce a copy of the writ petition together with a copy of this judgment before the 3^rd respondent for further action.

¶23

Sd/- A.K.JAYASANKARAN NAMBIAR JUDGE

¶24

¶25

WP(C).No.3047 OF 2021(E)

¶26

¶27

APPENDIX

¶28

PETITIONER'S/S EXHIBITS:

¶29

EXHIBIT P1 THE TRUE COPY OF THE NOTICE BEARING NO.A2756/21 DATED 20.1.2021 EXHIBIT P2 THE TRUE COPY OF THE REPRESENTATION FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT. EXHIBIT P3 THE TRUE COPY OF THE GOVERNMENT ORDER BEARING NO.G.O.(ORD) NO.1278/2020 LSGD DATED 29.6.2020

Haris v. State of Kerala

Case brief

What is this about?

What did the court decide?

Haris v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Thottimukathu Alavi Vs State of Kerala

Abdul Muhasin K.P. Vs the Senior Geologist

Abu Thahir.P.K Vs the Senior Geologist

P a Nishad Vs State of Kerala

Anirudh Varma Vs the Revenue Divisional Officer

Shahul Hameed Vs State of Kerala