Allowed

National Energy and Waste Management Multipurpose Co-Operative Society(Kerala) Ltd., v. State of Kerala

Kerala HC29 Jan 2021WP(C)/5224/2020

Case brief

AI extract

What is this about?

The High Court entertained a petition seeking permission to withdraw the writ petition without prejudice. The court granted the request based on the peculiar facts and circumstances of the case.

What did the court decide?

Permission to withdraw the writ petition without prejudice to the right to file a fresh writ petition on the same cause of action.

National Energy and Waste Management Multipurpose… — Service and Employment | Kerala HC (2021)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR

¶4

FRIDAY, THE 29TH DAY OF JANUARY 2021 / 9TH MAGHA, 1942

¶5

WP(C).No.5224 OF 2020(C)

¶6

PETITIONER:

¶7

NATIONAL ENERGY AND WASTE MANAGEMENT

¶8

MULTIPURPOSE CO-OPERATIVE SOCIETY(KERALA) LTD., REGD. NO.4484, (NEWSCO), DREAM LAND BUILDING K.S.R.T.C. ROAD, CHALAKUDY P.O., THRISSUR DISTRICT, PIN-680 307 REPRESENTED BY CHAIRMAN, C.L.ANTO, IN PERSON.

¶9

BY ADV. C.L.ANTO (PARTY IN PERSON),

¶10

RESPONDENTS:

¶11

1 STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF LOCAL SELF GOVERNMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.

¶12

2 EXECUTIVE DIRECTOR, SUCHITWA MISSION, LOCAL SELF GOVERNMENT DEPARTMENT, NANDANKODE JUNCTION, P.O. THIRUVANANTHAPURAM-695 014.

¶13

3 DIRECTOR OF PANCHAYATHS VIKAS BHAVAN, THIRUVANANTHAPURAM-695 014.

¶14

4 SECRETARY CHEMBILOT GRAMA PANCHAYAT, P.O. MOVANCHERY, KANNOOR DISTRICT, PIN-670 613

¶15

5 VILLAGE EXTENSION OFFICER, CHEMBILOD GRAMA PANCHAYATH, P.O. MOVANCHERY, KANNOOR DISTRICT, PIN-670 613.

¶16

6 DIRECTOR VIGILANCE AND ANTICORRUPTION BUREAU VANCHIYUR P.O., THIRUVANANTHAPURAM-695 004.

¶17

W.P. (C) No.5224 of 2020

¶18

¶19

SMT.G.RANJITA GOVERNMENT PLEADER R4-5 BY ADV. SRI.BRIJESH MOHAN R4-5 BY ADV. SRI.R.RAJPRADEEP

¶20

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶21

W.P. (C) No.5224 of 2020

¶22

¶23

W.P.(C) No.5224 of 2020

¶24

J U D G M E N T

¶25

Petitioner seeks permission to withdraw the writ petition without prejudice to the right of the petitioner to file a fresh writ petition on the same cause of action.

¶26

Having regard to the peculiar facts and

¶27

circumstances of the case, I deem it appropriate to grant the permission sought for by the petitioner. Ordered accordingly.

¶28

Sd/-

¶29

P.B.SURESH KUMAR, JUDGE.

¶30

YKB

¶31

W.P. (C) No.5224 of 2020

¶32

¶33

APPENDIX

¶34

PETITIONER'S/S EXHIBITS:

¶35

EXHIBIT P1 TRUE COPY OF THE TENDER NOTIFICATION OF RESPONDENTS 4 AND 5 DATED 15.2.19. EXHIBIT P2 TRUE COPY OF COVERING LETTER AGREEMENT AND PROOF OF E TENDER QUOTE DATED IST MARCH, 2019. EXHIBIT P3 TRUE COPY OF THE WORK ORDER FROM THE RESPONDENTS 4 AND 5 DATED 6.3.2019. EXHIBIT P4 TRUE COPY OF THE FINAL AGREEMENT WITH THE RESPONDENTS 4 AND 5 DATED 7.3.19. EXHIBIT P5 TRUE COPY OF ONE OF THE MANY REPRESENTATIONS SENT TO THE RESPONDENTS DATED 14.11.2019 DEMANDING THE OVERDUE PAYMENT. EXHIBIT P6 TRUE COPY LETTER OF REPRESENTATION SENT TO THE DEPUTY DIRECTOR PANCHAYATH OF CANNOOR DISTRICT 7.1.20. EXHIBIT P7 TRUE COPY OF THE LETTER OF AUTHORIZATION TO REPRESENT IN THE CASES BY THE EXECUTIVE COMMITTEE OF THE BOARD DATED 2.7.2019.

¶36

EXHIBIT P8 TRUE COPY OF THE THREATENING LETTER SENT BY THE RESP.NO.4 OF THE CHEMBILODE GRAMA PANCHAYATH. DTD. 17/2/20 EXHIBIT P9 TRUE COPY OF REPLY DATED 26/2/20, SENT TO THE RESPNDENT NO.5, EXPLAINING THIS IS SHEER ARBITRATINESS, VIOLATION OF A

¶37

W.P. (C) No.5224 of 2020

¶38

¶39

	VALID CONTRACT AN CONSPIRACY AGAINS RESP.NO.1 AND 2	D PART OF A LARGER THE PETITOINER BY
EXHIBIT P10	TRUE COPY OF THE SHOWING THERE IS BANK EVE TO PAY S TELEPHONE, ELECTR DATED 26/2/20	LATEST BAN STATEMENT NO BALANCE IN THE ALARY TO WORKERS, ICITY CHARGES ETC.
EXHIBIT P11	TRUE COPY OF TOW CATHOLIC SYRIAN B PETITIONER RAISED THE SOCIETY DATED	OF THE NOTICES FORM ANK SHOWING HOW THE MONEY FOR RUNNING 27/1/20 ETC
EXHIBIT P13	TRUE COPY OF THE FROM THE WEBSITE SHOWING THE DISMA MANAGEMENT	DOWN LOADED PORTION OF RESPONDENTS 1 AND L CONDITION OF WASTE
EXHIBIT P14	TRUE COPY OF THE THE RESPONDENT NO	LETTER LATEST SENT TO .1
EXHIBIT P15	TRUE COPY OF THE RESPONDENT NO.2	RECENT LETTER SENT TO
EXHIBIT P16	TRUE COPY OF THE SECRETARY DATED 2 RIGHTLY RECEIVED 6TH NOV.2020.	LETTER SENT TO THE ND NOV.2020 WHICH IS BY THE OFFICE ONLY ON
EXHIBIT P17	TRUE COPY OF THE BENEFICIARIES ALO SHOWING PLANTS AN	PHOTOS WHICH NG WITH THEIR LETTERS D WORKING.
EXHIBIT P18	TRUE COPY OF THE 19TH NOV.2020 SEN CHEMBILOD PANCHAY 5 PLANTS ARE WORK	EMAIL REPLY DATED T BY THE SECRETARY OF ATH, SHOWING ALL THE ING.
EXHIBIT P19	TRUE COPY OF THE	EMAIL REPLY DATED

¶40

W.P. (C) No.5224 of 2020

¶41

¶42

19TH NOV.2020 SENT BY THE PETITIONER SHOWING THE SCIENTIFIC PARAMETERS ETC.

¶43

RESPONDENT'S/S EXHIBITS:

¶44

EXHIBIT R4(A) A TRUE COPY OF THE RELEVANT EXTRACTS OF THE GOVERNMENT ORDER NO.G.O(MS)NO.1418/2012/LSGD DATED 23.05.2012 EXHIBIT R4(B) TRUE COPY OF THE RELEVANT EXTRACTS OF THE GOVERNMENT ORDER NO.G.O(MS)NO.239/2012/LSGD DATED 23.05.2012 EXHIBIT R4(C) TRUE COPY OF THE PRELLIMINARY AGREEMENT SUBMITTED BY THE PETITIONER TO THE 5TH RESPONDENT DATED 2.3.2019 EXHIBIT R4(D) TRUE COPY OF THE PRELLIMINARY AGREEMENT SUBMITTED BY THE PETITIONER TO THE 5TH RESPONDENT DATED 2.3.2019 EXHIBIT R4(E) TRUE COPY OF THE LETTER DATED 4.7.2019 ISSUED TO THEPETITIONER BY THE 5TH RESPONDENT EXHIBIT R4(F) TRUE COPY OF THE LETTER NO.873/16/SBM DATED 29.1.2020 OF THE DISTRICT COORDINATOR, SUCHITWA MISSION, KANNUR TO THE 4TH RESPONDENT.

¶45

//TRUE COPY//

¶46

PA TO JUDGE

National Energy and Waste Management Multipurpose Co-Operative Society(Kerala) Ltd., v. State of Kerala

Case brief

What is this about?

What did the court decide?

National Energy and Waste Management Multipurpose Co-Operative Society(Kerala) Ltd., 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

Sachu Rajan Eapen Vs State of Kerala

L.Saiju Vs State of Kerala

Betty Biju Vs the State of Kerala

Krishnakumar .S Vs Kadakkavoor Grama Panchayath

K.M.Thilakan Vs the Municipal Corporation of Cochin

Rathnamma Ravi Vs State of Kerala