Disposed

C.H.Pavithran v. State of Kerala

Kerala HC5 Mar 2021WP(C)/3216/2021

Case brief

AI extract

What is this about?

In this writ petition, the petitioner challenged a remittance order for toll arrears. The Court disposed of the petition on its own merits, accepting the petitioner's undertaking to pay Rs. 1 crore immediately and the balance in six instalments, and directed that default would allow enforcement against the Bank Guarantee.

What did the court decide?

Writ petition disposed of; petitioner permitted to remit a sum of Rs. 1 crore before 15.03.2021 and the balance in six equal monthly instalments.

C.H.Pavithran Vs State of Kerala — Service and Employment | 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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FRIDAY, THE 05TH DAY OF MARCH 2021 / 14TH PHALGUNA, 1942 WP(C).No.3216 OF 2021(B)

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PETITIONER:

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C.H.PAVITHRAN, AGED 71 YEARS, PALAKUNNATHU HOUSE, BAKAL P.O, KASARAGOD DISTRICT.

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BY ADVS. SRI.P.R.VENKATESH SRI.G.KEERTHIVAS

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RESPONDENTS:

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1 STATE OF KERALA REPRESENTED BY ITS SECRETARY, PUBLIC WORKS DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM - 695001.

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2 ROADS AND BRIDGES DEVELOPMENT CORPORATION OF KERALA LTD., 2ND FLOOR, PREETHI BUILDING, M.V. ROAD, PALARIVATTOM, KOCHI - 682025, REPRESENTED BY ITS MANAGING DIRECTOR.

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BY ADVS. SRI.K.V.MANOJ KUMAR SMT.VINITHA.B, GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.3216 OF 2021(B)

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JUDGMENT

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In this writ petition, petitioner challenges Ext.P16 order. By Ext.P16, petitioner has been asked to remit a sum of Rs.2,38,66,220/- towards the arrears for the period from 2017 to 31.12.2019. The petitioner is the contractor for collecting toll charges.

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2. The learned Government Pleader as

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well as the learned Standing Counsel points out that the petitioner has not complied with the judgment dated 29.05.2019 in W.P. (C) Nos.2108/2019 and 2896/2019, where the petitioner was given instalment facility. Again the petitioner did not comply with the judgment dated 22.12.2020 in W.P.(C) No.28885/2020 also.

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3. However, the learned counsel for the

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petitioner submits that the petitioner would

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WP(C).No.3216 OF 2021(B)

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be able to make payment of a sum of Rs.1 crore before 15.03.2021. It is also agreed that in case such payment could not be made, the respondents would be free to encash the Bank Guarantee to the tune of Rs.1 crore. The balance payment shall be made in another six equal monthly instalments.

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The writ petition is accordingly disposed of, recording the submission of the learned counsel. In case the petitioner commits default in payment of any of the instalments, the respondents would be free to

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initiate any proceedings against the petitioner in accordance with the terms of agreement. Sd/-

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P.V.ASHA JUDGE

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WP(C).No.3216 OF 2021(B)

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXHIBIT P1	TRUE COPY OF STATEMENT ISSUED BY THE RBDCK WITH REGARD TO THE PAYMENTS MADE BY THE PETITIONER UP TO 11.08.2020.
EXHIBIT P2	DETAILS OF THE BANK GUARANTEE FROM THE SOUTH INDIAN BANK.
EXHIBIT P3	TRUE COPY OF THE COMMUNICATION ISSUED BY THE STATION OFFICER, KOYILANDY DATED 20.02.2020 TO THE 2ND RESPONDENT.
EXHIBIT P4	TRUE COPY OF CERTIFICATE DATED 20.09.2019
	ISSUED BY THE STATION OFFICER TO THE PETITIONER.
EXHIBIT P5	LEDGER ACCOUNT PERTAINING TO THE PETITIONER'S ACCOUNT FROM 1.4.2018 TO 31.03.2019 MAINTAINED BY THE 2ND RESPONDENT.
EXHIBIT P6	LEDGER ACCOUNT PERTAINING TO THE PETITIONER'S ACCOUNT FROM 1.4.2019 TO 31.03.2020 MAINTAINED BY THE 2ND RESPONDENT.
EXHIBIT P7	TRUE COPY OF NOTICE DATED 8.12.2020 ISSUED TO
	THE PETITIONER BY THE RBDCK TO THE PETITIONER.
EXHIBIT P8	TRUE COPY OF NOTICE DATED 8.12.2020 ISSUED TO
	THE PETITIONER BY THE RBDCK TO THE PETITIONER.
EXHIBIT P9	TRUE COPY OF NOTICE DATED 8.12.2020 ISSUED TO THE PETITIONER BY THE RBDCK TO THE PETITIONER.
EXHIBIT P10	TRUE COPY OF NOTICE DATED 8.12.2020 ISSUED TO THE PETITIONER BY THE RBDCK TO THE PETITIONER.
EXHIBIT P11	TRUE COPY OF NOTICE DATED 8.12.2020 ISSUED TO
	THE PETITIONER BY THE RBDCK TO THE PETITIONER.

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WP(C).No.3216 OF 2021(B)

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EXHIBIT P12 TRUE	COPY	OF NOT	ICE DATED 8.12.2020 ISSUED TO
THE PETIT	PETI IONER	TIONER .	BY THE RBDCK TO THE
EXHIBIT P13 TRUE THE PETIT	COPY PETI IONER	OF NOT TIONER .	ICE DATED 8.12.2020 ISSUED TO BY THE RBDCK TO THE
EXHIBIT P14 TRUE THE PETIT	COPY PETI IONER	OF NOT TIONER .	ICE DATED 8.12.2020 ISSUED TO BY THE RBDCK TO THE
EXHIBIT P15 TRUE WP(C)	COPY NO.2	OF THE 8885/2	JUDGMENT DATED 22.12.2020 IN 020 OF THIS HON'BLE COURT.
EXHIBIT P16 TRUE TABUL THE R	COPY AR S BDCK	OF NO TATEMEN TO THE	TICE DATED 14.01.2021 WITH A T SHOWING THE DETAILS FROM PETITIONER.
EXHIBIT P17 TRUE SUBMI	COPY TTED	OF R BEFORE	EPRESENTATION DATED 5.2.2021 THE 2ND RESPONDENT.

C.H.Pavithran v. State of Kerala

Case brief

What is this about?

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C.H.Pavithran v. State of Kerala

Case brief

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