Allowed

S.S.Binu, v. the Travancore Devaswom Board

Kerala HC17 Aug 2022WP(C)/27889/2017

Case brief

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What is this about?

The High Court allowed a writ petition contesting an order deducting money from the petitioner's payment for supply of lids. The Court held the order violated natural justice due to lack of an opportunity of hearing, as it resulted in adverse civil consequences.

What did the court decide?

Impugned Ext.P27 order set aside. Petitioner directed to be given a reasonable opportunity of hearing before any decision on liability is taken.

S.S.Binu, Vs the Travancore Devaswom Board — Writ and Judicial Review | Kerala HC (2022)

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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 V.G.ARUN

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WEDNESDAY, THE 17TH DAY OF AUGUST 2022 / 26TH SRAVANA, 1944

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WP(C) NO. 27889 OF 2017

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PETITIONER/S:

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S.S.BINU,
AGED 45 YEARS
S/O. K. SUDHAKARAN, PROPRIETOR, BINU AND COMPANY,
PEZHUMTHURUTHU,PERUMON P.O., KOLLAM.
BY ADVS.
SRI.V.JAYAPRADEEP
SMT.ANN SUSAN GEORGE

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RESPONDENT/S:

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1 THE TRAVANCORE DEVASWOM BOARD, NANDANCODE, THIRUVANANTHAPURAM-695003, REPRESENTED BY ITS SECRETARY.

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2 THE SECRETARY, THE TRAVANCORE DEVASWOM BOARD, NANDANCODE, THIRUVANANTHAPURAM-695003.

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3 THE DEVASWOM COMMISSIONER, THE TRAVANCORE DEVASWOM BOARD, NANDANCODE, THIRUVANANTHAPURAM-695003.

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4 THE EXECUTIVE OFFICER, SABARIMALA DEVASWOM, TRAVANCORE DEVASWOM BOARD, THREVENI, PAMPA P.O., PATHANAMTHITTA DISTRICT-689662.

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5 JOINT DIRECTOR OF LOCAL FUND AUDIT, TRAVANCORE DEVASWOM BOARD AUDIT, OFFICE OF THE TRAVANCORE DEVASWOM BOARD, NANDANCODE, THIRUVANANTHAPURAM-695003. BY ADVS. SRI.KRISHNA MENON, SC, TRAVANCORE DEVASWOM BOARD SHRI.G.BIJU,SC,TRAVANCORE DEVASWOM BOARD SRI.S.RAJMOHAN, SC, TDB

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
17.08.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 27889 OF 2017

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JUDGMENT

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Dated this the 17^th day of August, 2022

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Petitioner is aggrieved by Ext.P27 order passed by the 3^rd respondent directing to deduct an amount of Rs.20,41,279/- from the payment due to the petitioner for supply of Easy Open Lids. The primary challenge against Ext.P27 is on the ground that the order was rendered without affording an opportunity of hearing.

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2.Having gone through the documents and having heard the learned Standing Counsel on either side, I find the contention to be well founded. Learned counsel for the petitioner made available a copy of the judgment rendered by this Court in W.P© No. 20314 of 2017, upholding the challenge against the very same order raised by the 2^nd lowest bidder.

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3.Learned Standing Counsel for Travancore Devaswom Board referred to the order passed in I.A No.1 of 2021 in DBAR/5/2015 to contend that the petitioner is responsible for the loss sustained by the Board.

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4.Inasmuch as Ext.P27 order, visits the petitioner was with adverse civil consequences, the order could not have been affording an opportunity of hearing. Hence, I am inclined to uphold

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WP(C) NO. 27889 OF 2017

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the challenge on the sole ground of violation of natural justice.

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In the result, Ext.P27 order is set aside. The 1^st respondent Board is directed to consider the matter afresh and take a decision regarding the liability, if any, of the petitioner, after affording him with a reasonable opportunity of hearing. Needless to say that the petitioner will be at liberty to raise all contentions before the Board.

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Sd/V.G ARUN JUDGE

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WP(C) NO. 27889 OF 2017

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APPENDIX OF WP(C) 27889/2017

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`PETITIONER EXHIBITS` `EXHIBIT P1`	`TRUE` `08/08`	`COPY OF THE NOTICE INVITING TENDER DATED` `/2014.`
`EXHIBIT P2`	`TRUE` `AND A` `PETIT`	`HARD COPY OF THE TENDER DATED 02/08/2014` `LLIED DOCUMENTS SUBMITTED BY THE` `IONER TO THE 3RD RESPONDENT.`
`EXHIBIT P3`	`TRUE` `FROM`	`COPY OF COMMUNICATION DATED 22/09/2014` `3RD RESPONDENT TO THE PETITIONER.`
`EXHIBIT P4`	`TRUE` `PETIT`	`COPY OF LETTER DATED 24/09/2014 FROM` `IONER TO 3RD RESPONDENT.`
`EXHIBIT P5`	`TRUE` `SUBMI` `PETIT`	`COPY OF REPRESENTATION DATED 11/10/2014` `TTED TO PRESIDENT, DEVASWOM BOARD BY THE` `IONER.`
`EXHIBIT P6`	`TRUE` `PETIT`	`COPY OF LETTER DATED 04/11/2014 BY THE` `IONER TO 2ND RESPONDENT.`
`EXHIBIT P7`	`TRUE` `SUBMI` `PETIT`	`COPY OF REPRESENTATION DATED 12/10/2014` `TTED BEFORE 2ND RESPONDENT BY THE` `IONER.`
`EXHIBIT P8`	`TRUE` `3RD R`	`COPY OF ORDER DATED 08/11/2014 ISSUED BY` `ESPONDENT.`
`EXHIBIT P9`	`TRUE` `ISSUE`	`COPY OF QUOTATION DATED 11/11/2014` `D BY HOMEDIA IMPORT AND CO. LTD.`
`EXHIBIT P10`	`TRUE` `13/11` `LTD.`	`COPY OF PROFORMA INVOICE DATED` `/2014 ISSUED BY HOMEDIA IMPORT AND CO.`
`EXHIBIT P11`	`TRUE` `FROM`	`COPY OF COMMUNICATION DATED 11/11/2014` `FOURTH RESPONDENT TO THE PETITIONER.`
`EXHIBIT P12`	`TRUE` `FROM`	`COPY OF COMMUNICATION DATED 174/11/2014` `PETITIONER TO FOURTH RESPONDENT.`
`EXHIBIT P13`	`TRUE` `FROM`	`COPY OF COMMUNICATION DATED 24/11/2014` `FOURTH RESPONDENT TO THE PETITIONER.`
`EXHIBIT P14`	`TRUE` `FROM`	`COPY OF COMMUNICATION DATED 25/11/2014` `PETITIONER TO 3RD RESPONDENT.`
`EXHIBIT P15`	`TRUE` `FROM`	`COPY OF COMMUNICATION DATED 24/11/2014` `PETITIONER TO 3RD RESPONDENT.`
`EXHIBIT P16`	`TRUE` `FROM`	`COPY OF COMMUNICATION DATED 27/11/2014` `FOURTH RESPONDENT TO THE PETITIONER.`
`EXHIBIT P17`	`TRUE` `FROM`	`COPY OF COMMUNICATION DATED 27/11/2014` `FOURTH RESPONDENT TO THE PETITIONER.`
`EXHIBIT P18`	`TRUE` `EXECU` `RESPO`	`COPY OF AGREEMENT DATED 19/12/2014` `TED BY PETITIONER IN FAVOUR OF 4TH` `NDENT.`

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WP(C) NO. 27889 OF 2017

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EXHIBIT P19TRUE COPY OF COMMUNICATION DATED 27/11/2014
FROM 3RD RESPONDENT TO M/S. MIRA ADITI IMPEX
PVT. LTD.
EXHIBIT P20TRUE COPY OF LETTER DATED 30/11/14 BY
PETITIONER TO 3RD RESPONDENT.
EXHIBIT P21TRUE COPY OF THE CREDIT BILL DATED
09/01/2015.
EXHIBIT P22TRUE COPY OF THE JUDGMENT DATED 03/02/2015 IN
WPC 29780/2014.
EXHIBIT P23TRUE COPY OF COMMUNICATION DATED 01/04/2015
FROM 3RD RESPONDENT TO 2ND RESPONDENT.
EXHIBIT P24TRUE COPY OF REPRESENTATION DATED 18/06/2015
FROM PETITIONER TO 2ND RESPONDENT.
EXHIBIT P25TRUE COPY OF THE JUDGMENT DATED 17/06/2016 IN
WPC 19865/2016.
EXHIBIT P26A TRUE COPY OF STATEMENT DATED 20/12/2016
SUBMITTED BY PETITIONER BEFORE 3RD
RESPONDENT.
EXHIBIT P27TRUE COPY OF ORDER DATED 09/06/2017 PASSED BY
3RD RESPONDENT.
EXHIBIT P28TRUE COPY OF RELEVANT PAGE OF AUDIT REPORT BY
5TH RESPONDENT.
EXHIBIT P29TRUE COPY OF REPORT DATED 20/03/2017
SUBMITTED BY 3RD RESPONDENT BEFORE 2ND
RESPONDENT.
EXHIBIT P30TRUE COPY OF LEGAL OPINION DATED 20/05/2017
BY THE LAW OFFICER.
EXHIBIT P31TRUE COPY OF OFFICE ORDER NO.68/10/05 DATED
25/10/2005 ISSUED BY CENTRAL VIGILANCE
COMMISSIONER.
EXHIBIT P32TRUE COPY OF CIRCULAR NO.4/3/07 DATED
03/03/2007 ISSUED BY CENTRAL VIGILANCE
COMMISSIONER.
EXHIBIT P33TRUE COPY OF CIRCULAR NO.01/01/10 DATED
20/01/2010 ISSUED BY CENTRAL VIGILANCE
COMMISSIONER.

S.S.Binu, v. the Travancore Devaswom Board

Case brief

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S.S.Binu, v. the Travancore Devaswom Board

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