Allowed

Skyline Orion Park Owners Association v. State of Kerala

Kerala HC1 Jul 2022WP(C)/4424/2021

Case brief

AI extract

What is this about?

The High Court of Kerala disposed of a writ petition filed by a housing association. The court directed the 3rd and 4th respondents to consider specific petitions and exhibits within two months, ensuring a hearing for all affected parties before final orders.

What did the court decide?

Direction to 3rd and 4th respondents to consider specific exhibits and petitions within two months with a hearing given to affected parties.

Skyline Orion Park Owners Association Vs State… — Public Procurement and Tenders | 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 P.V.KUNHIKRISHNAN

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FRIDAY, THE 1ST DAY OF JULY 2022 / 10TH ASHADHA, 1944

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WP(C) NO. 4424 OF 2021

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PETITIONER/S:

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SKYLINE ORION PARK OWNERS ASSOCIATION
EDAPPALLY, ERNAKULAM 682 024, REP.BY ITS PRESENT
VICE PRESIDENT, ANTONY THOMAS, S/O.THOMAS,
SKYLINE ORION PARK, EDAPPALLY 682 024
BY ADVS.
ASHIK K.MOHAMMED ALI
SMT.P.K.JAYASREETHANKACHI

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RESPONDENT/S:

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1 STATE OF KERALA

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REP.BY THE PRINCIPAL SECRETARY, LOCAL SELF GOVERNMENT DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM 695 001.

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2 THE PANCHAYAT DIRECTOR LOCAL SELF GOVERNMENT DEPARTMENT, PUBLIC OFFICE BUILDING, THIRUVANANTHAPURAM 695 033.

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3 THE DISTRICT COLLECTOR AND DISTRICT MAGISTRATE COLLECTORATE, CIVIL STATION, ERNAKULAM 682030

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4 THE CORPORATION OF COCHIN

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PARK AVENUE, ERNAKULAM 682 011

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5 THE ASSISTANT EXECUTIVE ENGINEER CORPORATION OF COCHIN, ZONAL OFFICE, EDAPALLY 682 024

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6 THE ASSISTANT EXECUTIVE ENGINEER KSEB, EDAPALLY 682 024

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7 DR.E.ALIKOYA ECRA 108, NEAR AL-AMEEN PUBLIC SCHOOL, EDAPPALLY 682 024

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8 SAINABA RAKIYAS D/O.DR. E.ALIKOYA, ECRA 108, NEAR AL-AMEEN PUBLIC SCHOOL, EDAPPALLY 682 024

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W.P.(C). No. 4424 of 2021

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9 AMINA SHAHNAS D/O.DR. E.ALIKOYA, ECRA 108, NEAR AL-AMEEN PUBLIC SCHOOL, EDAPPALLY 682 024

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10 M/S.ATK ENTERPRISES, NEAR AL-AMEEN PUBLIC SCHOOL, EDAPPALLY 682 024, REP.BY ITS MANAGER

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11 THE DIRECTOR THE VIGILANCE AND ANTI CORRUPTION BUREAU, DIRECTORATE, PMG, VIKAS BHAVAN P.O., THIRUVANANTHAPURAM 695 033

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12 ADDL. R12, THE STATION HOUSE OFFICER, ELAMAKKARA POLICE STATION, ERNAKULAM-682026. ADDL R12 IS IMPLEADED AS PER ORDER DATED 10-122021 IN IA 4.2021 IN WP(C)4424/2021

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BY ADVS.

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SRI.C.N.PRABHAKARAN
SRI.S.SHANAVAS KHAN

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OTHER PRESENT:

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SMT.DEEPA NARAYANAN, SR.GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 01.07.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:

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W.P.(C). No. 4424 of 2021

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P.V.KUNHIKRISHNAN, J.

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W.P.(C) No.4424 of 2021

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Dated this the 1^st day of July, 2022

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JUDGMENT

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The writ petition is filed with following prayers:

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“i) Call for the entire records of the facts narrated by the petitioner in the writ petition.

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ii) Issue a writ of mandamus, any other writ or order, directing the 3^rd Respondent to initiate legal action on Exhibits P7 and P18 within one month or a period fixed by this Honourable Court;

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iii) Issue a writ of mandamus, any other writ or order, directing the 4^th Respondent to initiate legal action on Exhibits P1, P4, P17 and P19, within one week or a period fixed by this Honourable Court;

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iv) Issue a writ of mandamus, any other writ or order, directing the Respondent Nos. 1 and 2 to take legal steps against the Respondent Nos. 3 and 4 for the delay in taking legal action on the Petitions and 4 misconduct within one month or a period fixed by this Honourable Court;

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v) Issue a writ of mandamus, any other writ or order, directing the 11^th Respondent to conduct a vigilance inquiry in the matter relating to the facts leading to the

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W.P.(C). No. 4424 of 2021

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issuance of Exhibits P1, P3, P4, P17, P18 and P19 and the inordinate delay in dealing with the Petitions in the respective Offices, within a period of three months or within a stipulated time as fixed by this Honourable Court and;

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vi) Such other relief's that this Honourable Court may deem fit and proper to grant, in the interest of justice.”(sic)

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When this writ petition came up for consideration,

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the counsel for the petitioner submitted that he will be satisfied if a direction is issued to the 3^rd respondent to consider Exts.P7

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and P18 and the 4^th respondent to consider Exts.P17 and P19, within a time frame. I think, the prayer can be allowed.

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Therefore, this writ petition is disposed of in the following manner:

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There will be a direction to the 3^rd respondent to consider and pass appropriate orders on Exts.P7 and P18, and the 4^th respondent to consider and appropriate pass orders on Exts.P17 and P19, in accordance to law, as expeditiously as possible, at

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W.P.(C). No. 4424 of 2021

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any rate, within two months from the date of receipt of a copy of this judgment.

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Before passing final orders, respondents 3 and 4 will give an opportunity of hearing to the petitioner, respondents 7 to 11 and other affected parties.

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sd/-

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P.V.KUNHIKRISHNAN JUDGE

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das

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W.P.(C). No. 4424 of 2021

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APPENDIX OF WP(C) 4424/2021

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`PETITIO` `EXHIBIT`	`NER EXHI` `P1`	`BITS` `TRUE COPY OF THE` `10.12.2019 GIVEN` `RESPONDENT.`	`PETITION DATED` `TO THE 4TH`
`EXHIBIT`	`P2`	`TRUE COPY OF THE` `NO.EYP3/12770/19` `ISSUED BY THE 4TH`	`RECEIPT FOR REFERENCE` `DATED 10.12.2019` `RESPONDENT.`
`EXHIBIT`	`P3`	`TRUE COPY OF THE` `10.12.2019 GIVEN` `RESPONDENT.`	`PETITION DATED` `TO THE 6TH`
`EXHIBIT`	`P4`	`TRUE COPY OF THE` `13.12.2019 GIVEN` `RESPONDENT.`	`PETITION DATED` `TO THE 3RD`
`EXHIBIT`	`P5`	`TRUE COPY OF RECE` `REFERENCE NO.3956` `ISSUED BY THE 4TH`	`IPT NO.052009 FOR` `3 DATED 13.12.2019` `RESPONDENT.`
`EXHIBIT`	`P6`	`TRUE COPY OF THE` `23.12.2019 ISSUED` `RESPONDENT.`	`LETTER DATED` `BY THE 6TH`
`EXHIBIT`	`P7`	`TRUE COPY OF THE` `13.12.2019 GIVEN` `RESPONDENT.`	`PETITION DATED` `TO THE 3RD`
`EXHIBIT`	`P8`	`TRUE COPY OF THE` `DATED 18.12.2019` `RESPONDENT UNDER`	`PRELIMINARY ORDER` `ISSUED BY 3RD` `SECTION 133, CR.P.C.`
`EXHIBIT`	`P9`	`TRUE COPY OF THE` `BY THE 7TH RESPON` `RESPONDENT`	`STATEMENT PREFERRED` `DENT BEFORE THE 3RD`
`EXHIBIT`	`P10`	`TRUE COPY OF THE` `NO.DCEKM/12527/20` `THE 3RD RESPONDEN`	`LETTER` `19-M7(1) ISSUED BY` `T DATED 9.1.2020.`
`EXHIBIT`	`P11`	`TRUE COPY OF THE` `NO.DCEKM/12527/20` `THE 3RD RESPONDEN`	`LETTER` `19-M7(2) ISSUED BY` `T DATED 9.1.2020`
`EXHIBIT`	`P12`	`TRUE COPY OF THE` `RESPONDENT`	`REPORT BY THE 4TH`

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W.P.(C). No. 4424 of 2021

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`EXHIBIT P13`	`TRUE COPY OF THE LETTER` `NO.EYP3/12770/19 DATED 14.1.2020` `ISSUED BY THE 5TH RESPONDENT`
`EXHIBIT P14`	`TRUE COPY OF THE NOTICE DATED` `18.12.2019 ISSUED BY THE 5TH` `RESPONDENT.`
`EXHIBIT P15`	`TRUE COPY OF THE NOTICE DATED` `31.12.2019 ISSUED BY THE 4TH` `RESPONDENT UNDER SECTION 406 OF THE` `KERALA MUNICIPALITY ACT.`
`EXHIBIT P16`	`TRUE COPY OF THE LETTER` `NO.EYP3/12770/19 DATED 24.2.2020` `ISSUED BY THE 5TH RESPONDENT.`
`EXHIBIT P17`	`TRUE COPY OF THE PETITION DATED` `23.3.2020 GIVEN TO THE 4TH RESPONDENT.`
`EXHIBIT P18`	`TRUE COPY OF THE LETTER DATED` `10.10.2020 ISSUED TO THE 3RD` `RESPONDENT.`
`EXHIBIT P19`	`TRUE COPY OF THE PETITION DATED` `10.10.2020 GIVEN TO THE 4TH` `RESPONDENT.`
`EXHIBIT P20`	`TRUE COPY OF THE PHOTOGRAPHS SHOWING` `THE AERIAL VIEW OF THE PREMISE` `OCCUPIES BY THE 10THE RESPONDENT.`

Skyline Orion Park Owners Association v. State of Kerala

Case brief

What is this about?

What did the court decide?

Skyline Orion Park Owners Association v. State of Kerala

Case brief

What is this about?

What did the court decide?

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