Allowed

D. Manoharan v. Kerala Water Authority

Kerala HC4 Jul 2023WP(C)/3202/2020

Case brief

AI extract

What is this about?

In a notice period, the High Court of Kerala permitted the petitioners direction mandamus commanding the second respondent to consider representation ext p3. after giving an opportunity of hearing. The petitioner is directed to produce a copy of this judgment with petition before the second respondent.

What did the court decide?

Respondent-III directed to consider representation Ext.P3 with hearing within two months; petitioner to submit certified copy of judgment and petition for compliance.

D. Manoharan Vs Kerala Water Authority — Service and Employment | Kerala HC (2023)

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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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TUESDAY, THE 4^TH DAY OF JULY 2023 / 13TH ASHADHA, 1945

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WP(C) NO. 3202 OF 2020

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PETITIONER:

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D. MANOHARAN AGED 62 YEARS S/O. LATE DAMODARAN, AATTUKAL BHAVAN, TC 20/1735, KARAMANA P. O., THIRUVANANTHAPURAM.

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BY ADVS. N.KRISHNA PRASAD SRI.K.L.NARASIMHAN SRI.A.MOHAMMED FAIZAL

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RESPONDENTS:

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1 KERALA WATER AUTHORITY REPRESENTED BY ITS MANAGING DIRECTOR, JALABHAVAN, VELLAYAMBALAM, KOWDIAR P. O., THIRUVANANTHAPURAM - 695 010.

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2 THE MANAGING DIRECTOR KERALA WATER AUTHORITY, JALABHAVAN, VELLAYAMBALAM, KOWDIAR P. O., THIRUVANANTHAPURAM - 695 010.

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3 THE ASSISTANT ENGINEER FILTER HOUSE DIVISION, KERALA WATER AUTHORITY, THIRUVANANTHAPURAM - 695 003.

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4 THE ASSISTNAT EXECUTIVE ENGINEER WATER WORKS SUB DIVISION (HQ), KERALA WATER AUTHORITY, JALABHAVAN, VELLAYAMBALAM, KOWDIAR P. O., THIRUVANANTHAPURAM - 695 010.

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BY ADVS. SMT.MARY BENJEMIN SRI.P.BENJAMIN PAUL, SC, KERALA WATER AUTHORITY

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OTHER PRESENT:

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SRI.GEORGIE JOHNY, SC(KWA)

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04.07.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P (C) No.3202 of 2020

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P.V.KUNHIKRISHNAN

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- - - - - - - - - - - - - - - - - - - - - W.P (C) No.3202 of 2020

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- - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 4^th day of July, 2023

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JUDGMENT

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This writ petition is filed with the following prayers:-

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“i) To issue a writ of mandamus or any other writ, or direction commanding the 2^nd respondent to consider and pass appropriate orders on Ext.P3 representation after affording an opportunity of hearing to the petitioner as expeditiously as possible and after after affording an opportunity of hearing to the petitioner and at any rate within a time frame to be fixed by this Hon'ble Court.

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ii) To direct the 2^nd respondent to release the payments found to be due to the petitioner within a time frame to be fixed by this Hon'ble Court.

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iii) To grant such other reliefs as may be deemed fit in the facts and circumstances of the case.” (SIC)

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When this writ petition came up for consideration,

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the learned counsel for the petitioner submitted that the petitioner will be satisfied if a direction is issued to the 2^nd respondent to consider Ext.P3 with notice to the petitioner.

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Heard the learned Standing Counsel appearing for the respondents also

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After hearing both sides, I think that prayer can be

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allowed.

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W.P (C) No.3202 of 2020

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Therefore, this writ petition is disposed of with the following directions:-

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i) The 2^nd respondent is directed to consider and pass appropriate orders in Ext.P3, after giving an opportunity of hearing to the petitioner, as expeditiously as possible, at any rate, within two months from the date of receipt of a certified copy of this judgment.

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ii) The petitioner will produce a certified copy of this judgment along with a copy of this writ petition before the 2^nd respondent for compliance.

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Sd/-

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P.V.KUNHIKRISHNAN

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JUDGE

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bng

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W.P (C) No.3202 of 2020

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APPENDIX OF WP(C) 3202/2020

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PETITIONER EXHIBITS

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EXHIBIT P1 TRUE COPY OF THE COMMUNICATION DATED 24.9.2018 ISSUED BY THE 4TH RESPONDENT. EXHIBIT P2 TRUE COPY OF THE ACCEPTED SCHEDULE OF THE WORK EXECUTED BY THE PETITIONER. EXHIBIT P3 TRUE COPY OF THE REPRESENTATION DATED 13.1.2020 SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT.

D. Manoharan v. Kerala Water Authority

Case brief

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D. Manoharan v. Kerala Water Authority

Case brief

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