Allowed

V.N.Asokan v. State of Kerala

Kerala HC9 Dec 2022WP(C)/6726/2022

Case brief

AI extract

What is this about?

This writ petition seeks a refund of a deposit and advance by the petitioner from the Municipality. The court held that since the due amount is admitted, the respondents cannot postpone payment indefinitely. The petition was disposed of directing payment within three months.

What did the court decide?

Directing respondents 2 to 4 to pay the amount due to the petitioner after adjusting any amount found payable, within three months.

V.N.Asokan Vs State of Kerala — Service and Employment | 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 N.NAGARESH

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FRIDAY, THE 9TH DAY OF DECEMBER 2022 / 18TH AGRAHAYANA, 1944

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WP(C) NO. 6726 OF 2022

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PETITIONER

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V.N.ASOKAN

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AGED 60 YEARS

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S/O NARAYANAN NAIR, VICHATTU HOUSE, PERUMBAVOOR
VILLAGE, KUNNATHUNADU TALUK, ERNAKULAM DISTRICT,
IRINGOLE P.O.683 548.

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BY ADVS.
V.RAJENDRAN (PERUMBAVOOR)
N.RAJESH
GOPAKUMAR P.

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RESPONDENTS

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1 STATE OF KERALA REP BY DEPARTMENT OF LOCAL ADMINISTRATION, SECRETARIAT, THIRUVANANTHAPURAM-695 001

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2 PERUMBAVOOR MUNCIPALITY,

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MUNICIPAL BUILDING, PERUMBAVOOR, REPRESENTED BY
SECRETARY, PERUMBAVOOR P.O.-683 542.

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3 SECRETARY PERUMBAVOOR MUNICIPALITY, MUNICIPAL OFFICE, PERUMBAVOOR P.O.-683 542.

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4 PERUMBAVOOR MUNICIPAL COUNCIL, MUNICIPAL OFFICE, PERUMBAVOOR P.O.-683 542, REP BY MUNICIPAL CHAIRMAN

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BY ADV SHRI.MATHEW B.KURIAN, SC, PERUMBAVOOR
MUNICIPALITY

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 09.12.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:

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WP(C) No.6726 of 2022

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J U D G M E N T

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Dated this the 9^th day of December, 2022

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The petitioner has filed this writ petition seeking to direct the 2^nd respondent-Municipality to refund the “refundable deposit” and six months advance due and payable to the petitioner immediately and within a time fixed by this Court. The petitioner has also sought interest at the rate of 12% per

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annum from the due date of payment.

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When the writ petition came up for hearing today, the Standing Counsel representing respondents 2 to 4 submitted that large amounts are due to various licensees from the Municipality and the Municipality has made a priority list. Payment will be made to the petitioner when his turn comes.

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I have heard the learned counsel for the petitioner, the learned Government Pleader representing the 1^st respondent and the learned Standing Counsel representing respondents 2 to 4.

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WP(C) No.6726 of 2022

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The factum of deposit made by the petitioner is not in

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dispute. The eligibility of the petitioner for refund is also admitted. The only question is whether any amount is to be recovered from the deposit made by the petitioner. I am of the view that as amount due is admitted, the respondents cannot indefinitely prolong the payment to the petitioner.

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In the circumstances of the case, the writ petition is disposed of directing respondents 2 to 4 to pay the amount found due to the petitioner after adjusting any amount found payable by the petitioner to the Municipality. The payment shall be made within a period of three months.

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Sd/-

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N. NAGARESH, JUDGE

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smm

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WP(C) No.6726 of 2022

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APPENDIX OF WP(C) 6726/2022

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PETITIONER EXHIBITS

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`Exhibit P1`	`TRUE COPY OF TENDER CUM AUCTION` `PUBLISHED` `BY` `2ND` `RES`	`NOTICE` `PONDENT`
	`MUNICIPALITY DATED NIL BEARING` `9391/07`	`NO R4-`
`Exhibit P2`	`TRUE COPY OF PETITION FIL` `PETITIONER BEFORE 3RD RESPOND` `21.9.20`	`ED BY` `ENT ON`
`Exhibit P3`	`TRUE COPY OF PETITION FIL`	`ED BY`
	`PETITIONER BEFORE 3RD RESPOND` `21.6.21`	`ENT ON`
`Exhibit P4`	`TRUE COPY OF NOTICE ISSUED` `RESPONDENT TO THE PETITIONER ON` `BEARING NO R4-8198/21`	`BY 2ND` `28.7.21`
`Exhibit P5`	`TRUE COPY OF LAWYER NOTICE ISS` `THE PETITIONER TO THE 2ND RESPON` `1.9.21`	`UED BY` `DENT ON`
`Exhibit P6`	`TRUE COPY OF LETTER SUBMIT` `PETITIONER FOR SURRENDERING ONE` `KEYS OF THE ROOM ON 10.9.21`	`TED BY` `OF THE`
`Exhibit P7`	`TRUE COPY OF THE LETTER SUBMIT` `PETITIONER FOR SURRENDERING 2ND` `THE ROOM ALSO BEFORE THE 2ND RES`	`TED BY` `KEY OF` `PONDENT`
	`ON 4.10.21 ACKNOWLEDGED B` `MUNICIPALITY`	`Y THE`
`Exhibit P8`	`TRUE COPY OF LETTER SUBMIT` `PETITIONER BEFORE THE 2ND RESPON` `24.11.21`	`TED BY` `DENT ON`
`Exhibit P9`	`TRUE COPY OF LEGAL NOTICE ISSUED` `PETITIONER THROUGH HIS COUNSEL` `MUNICIPALITY ON 5.1.22`	`BY THE` `TO THE`
`Exhibit P10`	`TRUE COPY OF NOTICE ISSUED` `RESPONDENT TO THE PETITIONER ON` `BEARING NO R4-9391/07`	`BY 2ND` `11.1.22`
`Exhibit P11`	`TRUE COPY OF PETITION FILED` `PETITIONER BEFORE THE 2ND RESPON` `25.1.22`	`BY BY` `DENT ON`
`Exhibit P12`	`TRUE COPY OF NOTICE NO R4-9391/0` `20.1.22 ISSUED BY 2ND RESPONDENT` `PETITIONER`	`7 DATED` `TO THE`

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WP(C) No.6726 of 2022

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Exhibit P13TRUE COPY OF PROVISIONAL RECEIPT ISSUED
BY THE 2ND RESPONDENT TO THE PETITIONER
DATED 8.6.09

V.N.Asokan v. State of Kerala

Case brief

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V.N.Asokan v. State of Kerala

Case brief

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