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V.Somarajan v. the State of Kerala

Kerala HC12 Aug 2021WP(C)/7494/2021

Case brief

AI extract

What is this about?

Writ petition filed by a PWD contractor seeking renewal of his 'A' class licence superseded by a delay due to COVID-19 related hospital treatment in a containment zone. Court directed renewal within two months if the application was otherwise in order.

What did the court decide?

Directed the second respondent to renew the petitioner's licence within two months, subject to curing any defects in the application.

V.Somarajan Vs the 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 MR. JUSTICE P.B.SURESH KUMAR

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THURSDAY, THE 12^TH DAY OF AUGUST 2021 / 21ST SRAVANA, 1943 WP(C) NO. 7494 OF 2021

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PETITIONER:

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V.SOMARAJAN, AGED 60 YEARS, S/O. VASU, KARUNAGAPALLY, VAAVAKAVU P.O, KOLLAM-690 528

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BY ADVS. K.SHAJ SRI.RENJIT GEORGE SRI.C.IJLAL SRI.ARUN CHAND SMT.UMMUL FIDA SHRI.BHARAT VIJAY P. SHRI.MAJID MUHAMMED K. SMT.NEERAJA GOWRI A.S SMT.GAYATHRI SATHYAN GOVERNMENT PLEADER

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RESPONDENTS:

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1 THE STATE OF KERALA, REPRESENTED BY SECRETARY, PUBLIC WORKS DEPARTMENT, THIRUVANANTHAPURAM, KERALA-695 001

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2 THE SECRETARY, PUBLIC WORKS DEPARTMENT, ROOM NO. 388, 1ST FLOOR, MAIN BLOCK, SECRETARIAT, THIRUVANANTHAPURAM-695 001

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3 SUPERINTENDING ENGINEER, PWD BUILDING DEPARTMENT, BUILDING SOUTH CIRCLE, THIRUVANANTHAPURAM-695 033

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W.P.(C) No.7494 of 2021

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4 THE CHIEF ENGINEER, OFFICE OF THE CHIEF ENGINEER, PWD BUILDING DEPARTMENT, BUILDING SOUTH CIRCLE, THIRUVANANTHAPURAM-695 033

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ADV.B.VINITHA GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12.08.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C) No.7494 of 2021

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P.B.SURESH KUMAR, J.

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W.P.(C) No.7494 of 2021

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Dated this the 12^th day of August, 2021.

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J U D G M E N T

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The Petitioner is a PWD contractor. He was holding 'A' class licence. The licence of the petitioner was due to expire on 31.03.2020. In terms of the provisions contained in the PWD Manual, the petitioner should have applied for renewal of the licence on or before 31.12.2019 and if not, on or before 31.01.2020 with the penalty provided for under the Manual for delayed applications. In view of the pandemic, Covid-19, the Government enlarged the time limit for preferring the application for renewal of the licence till 30.06.2020. The petitioner remitted the fee for the application for renewal of the licence on 02.07.2020 and submitted the application for renewal thereafter on 14.07.2020. It is stated by the petitioner

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W.P.(C) No.7494 of 2021

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that he was undergoing treatment for rheumatism from 04.06.2020 to 02.07.2020 at SAVM Ayurveda Hospital located within a containment zone declared by the Government as part of the restrictions imposed for prevention of the pandemic and consequently, he could not submit the application on or before 30.06.2020. The petitioner therefore, seeks appropriate directions in this regard in this writ petition.

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A statement has been filed by the third respondent contending that the licence of the petitioner cannot be renewed since he has not preferred the application within the time stipulated.

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Heard the learned counsel for the petitioner as also the learned Government Pleader.

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It is seen that a similar matter, namely, W.P. (C) No.7331 of 2019 was disposed of by this court directing the competent authority to re-consider belated applications for renewal of licence. Be that as it may, the specific case of the petitioner is that he was under treatment from 04.06.2020 to

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W.P.(C) No.7494 of 2021

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02.07.2020, that too, in a Hospital located within a containment zone. In the circumstances, having regard to the fact that the petitioner has preferred the application for renewal of the licence within a fortnight after the expiry of the time limit prescribed for the same and having regard to the fact that the licence is sought to be renewed to eke out a livelihood for him, in the absence of any statutory prescription as regards the time limit for preferring application for renewal of licence and any disqualification for the petitioner to hold the licence, I deem it appropriate to dispose of the writ petition directing the second respondent to renew the licence of the petitioner, if the application is otherwise in order. This shall be done within two months. It is clarified that if the application is defective, the petitioner shall be given an opportunity to cure the defects.

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Sd/-

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P.B.SURESH KUMAR, JUDGE.

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YKB

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W.P.(C) No.7494 of 2021

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APPENDIX OF WP(C) 7494/2021

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PETITIONER EXHIBITS

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EXHIBIT P1 THE TRUE COPY OF A CLASS CONTRACTORS REGISTRATION CARD OF THE PETITIONER BEARING REGISTRATION NO.11/BSC/2009 ISSUED BY THE 3RD RESPONDENT EXHIBIT P2 THE TRUE COPY OF EXTRACT OF THE PWD MNUAL, REVISED EDITION 2012 CONTAINING THE MANNER OF REGISTRATION OF CONTRACTORS AND FOR RENEWAL OF LICENSES (RELEVANT PAGES). EXHIBIT P3 THE TRUE COPY OF G.O(MS) NO. 59/PWD DATED 17/07/2013 ISSUED BY THE 1ST RESPONDENT STATE GOVERNMENT EXHIBIT P4 THE TRUE COPY OF G.O (RT) NO. 510/2020/PWD DATED 08.06.2020 ISSUED BY THE 1ST RESPONDENT GOVERNMENT. EXHIBIT P5 THE TRUE COPY OF CHALLAN DATED 02.07.2020 SUBMITTED BEFORE THE TREASURY BY THE PETITIONER EXHIBIT P6 THE TRUE COPY OF APPLICATION SUBMITTED BEFORE THE 3RD RESPONDENT BY THE PETITIONER DT.7/11/17 EXHIBIT P7 THE TRUE COPY OF APPLICATION DATED 22/07/2020 FILED BEFORE THE 2ND RESPONDENT BY TH PETITIONER EXHIBIT P8 THE TRUE COPY OF MEDICAL CERTIFICATE ISSUED BY DR. B. SURANJAYAN,S.A.V.M. AYURVEDA HOSPITAL EXHIBIT P9 THE TRUE COPY OF ORDER NO.E1/PWD(B)SCTVM/2481/2020 DATED 05.08.2020 ISSUED BY THE 3RD RESPONDENT.

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W.P.(C) No.7494 of 2021

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EXHIBIT P10 THE TRUE COPY OF THE APPLICATION DATED 15.10.2020 SUBMITTED BEFORE THE 2ND RESPONDENT.

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EXHIBIT P11 THE TRUE COPY OF THE ACKNOWLEDGMENT CARD ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER.

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EXHIBIT P12 THE TRUE COPY OF LETTER NO.CE/BL/A1/GL/TVM/40226/2020 DATED 12/01/2021 ISSUED BY THE 3RD RESPONDENT TO THE 2ND RESPONDENT.

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EXHIBIT P13 THE TRUE COPY OF ORDER DATED 08/03/2021 IN SUO MOTU WRIT PETITION (CIVIL) NO.3 OF 2020 OF THE HON'BLE SUPREME COURT.

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EXHIBIT P14 THE TRUE COPY OF G.O(ORDINARY) NO.634/2021/P.W.D DATED 13/07/2021 GUIDELINCES ISSUED BY THE 1ST RESPONDENT.

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RESPONDENT EXHIBITS

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ANNEXURE R3(A) TRUE COPY OF THE LETTER NO.E1/PWD(B)SC/TVM/2481/20 DATED 05.08.2020

V.Somarajan v. the State of Kerala

Case brief

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V.Somarajan v. the State of Kerala

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