Alexander George Vs. the Chief General Manager

Alexander George vs The Chief General Manager

Type Court Judgment Court Kerala Decided Nov 05, 2013

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https://sooperkanoon.com/case/1099017

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Citation: sooperkanoon.com/1099017
Court: Kerala High Court
Judge: Honourable Mr.Justice P.R.Ramachandra Menon
Decided On: Nov 05, 2013
Subject: Land Acquisition

Case Summary

AI-generated summary - not the official court judgment text.

Land Acquisition

Key legal issue: Land Acquisition

Parties & Advocates

Appellant / Petitioner

Alexander George

Respondent

The Chief General Manager

Excerpt

.....the petitioner has approached this court with the following prayers: "i. to declare that respondents are legally obligated to implement the conditions and assurances recorded in ext.p2 agreement in its letter and spirit and that petitioner is fully eligible to get engaged as petty contractor under 4th respondent for the available cable maintenance works of b.s.n.l at kunnicode. ii. to issue a writ of mandamus or any other appropriate writ order or direction to respondents, directing them to engage petitioner as a petty contractor forthwith, to execute the available cable maintenance works of b.s.n.l at kunnicode within the jurisdiction of 4th respondent, in compliance with the conditions and assurances recorded in ext.p2 agreement." 2. a counter affidavit has been filed from the part of the respondents, rebutting the pleadings and prayers. during the pendency of the proceedings, the petitioner filed i.a. no. 5653 of 2013, producing a copy of the complaint preferred before the additional 6th respondent as ext.p9. the learned counsel for the w.p.c. no.20895 of 2012 -2- petitioner submits that, the only relief now pressed before this court is to cause the same to be considered and finalized within a reasonable time.3. heard the learned standing counsel for the respondents as well.4. after hearing both the sides, the writ petition is disposed of, directing the additional 6th respondent to consider and pass appropriate orders on ext.p9 in accordance with law after giving an opportunity of hearing to the parties concerned, which shall be done at the earliest, at any rate, within 'two months' from the date of receipt of a copy of this judgment. the petitioner shall produce a copy of the judgment along with a copy of the writ petition before the additional 6th respondent for further steps. p.r. ramachandra menon, judge. kp/-

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON TUESDAY, THE5H DAY OF NOVEMBER201314TH KARTHIKA, 1935 WP(C).No. 20895 of 2012 (J) ---------------------------- PETITIONER : ----------- ALEXANDER GEORGE, S/O. G.GEORGE PERMANENTLY RESIDING AT ELLUVILA HOUSE, ELAMPAL POST, PUNALUR, KOLLAM DISTRICT. BY ADV. SRI.P.KURUVILLA JACOB RESPONDENTS : ----------- 1. THE CHIEF GENERAL MANAGER BHARATH SANCHAR NIGAM LTD., KERALA CIRCLE THIRUVANANTHAPURAM-695 001.

2. THE ADDITIONAL GENERAL MANAGER (PLANNING) BHARATH SANCHAR NIGAM LTD., TELECOM DISTRICT KOLLAM-691 322.

3. THE GENERAL MANAGER BHARATH SANCHAR NIGAM LIMITED BHAVAN VELLAYITTAMBALAM, KOLLAM-691 322.

4. THE SUB DIVISIONAL ENGINEER BHARATH SANCHAR NIGAM LTD., KUNNICODE POST KOLLAM DISTRICT-691 322. ADDL.R5 IMPLEADED :

5. THE SUB DIVISIONAL ENGINEER BHARAT SANCHAR NIGAM LTD., PATHANAPURAM KOLLAM DISTRICT.ADDL. R5 IS IMPLEADED AS PER ORDER

DATED1204/2013 IN IA136082012. ADDL.R6 IMPLEADED :

6. THE ASSISTANT LABOUR COMMISSIONER (CENTRAL) KAKKANAD, ERNAKULAM.ADDL. R6 IS IMPLEADED AS PER ORDER

DATED1204/2013 IN IA56532013. R1 TO R4 BY ADVS. SRI.SAJI VARGHESE,SC,BSNL SRI.MATHEWS K.PHILIP,SC, BSNL THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON0511-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: BP WP(C).No. 20895 of 2012 (J) APPENDIX PETITIONER(S) EXHIBITS EXT.P1 : TRUE COPY OF THE EXPERIENCE CERTIFICATE DTD.25.11.99 OF4H RESPONDENT ISSUED TO PETITIONER. EXT.P2 : TRUE COPY OF AGREEMENT DTD.13.6.12 EXECUTED BETWEEN BSNL AUTHORITIES AND THE OFFICE BEARERS OF ALL INDIA BSNL CASUAL WORKER'S UNION (INTUC) HEAD OFFICE, PALA, KOTTAYAM. EXT.P3 : TRUE COPY OF THE NOTICE DTD.4.7.12 PUBLISHED BY THE GENERAL SECRETARY OF ALL INDIA BSNL CASUAL WORKER'S UNION (INTUC) HEAD OFFICE, PALA, KOTTAYAM. EXT.P4 : TRUE COPY OF THE LETTER DATED NIL OF THE SECRETARY OF THE KOLLAM DISTRICT COMMITTEE OF ALL INDIA BSNL CASUAL WORKER'S UNION (INTUC) COMMUNICATED TO3D RESPONDENT. EXT.P5 : TRUE COPY OF PETITIONER'S COMPLAINT DTD.20.6.12 SUBMITTED TO2D RESPONDENT. EXT.P6 : TRUE COPY OF PETITIONER'S REGISTERED COMPLAINT DTD.26.6.12 FORWARDED TO RESPONDENTS1AND2 EXT.P6A: TRUE COPY OF THE POSTAL RECEIPTS DTD.2.7.12 OBTAINED WHILE SENDING EXT.P6 LETTER TO RESPONDENTS1AND2 EXT.P7 : TRUE COPY OF THE ORDER

DTD.20.12.94 IN OA NO.1477/1993 OF THE CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM. EXT.P8 : TRUE COPY OF ORDER

DTD.28.7.98 IN CIVIL APPEAL NOS.7033 TO541993 OF THE HON'BLE SUPREME COURT. EXT.P9: COPY OF PETITIONER'S REGISTERED COMPLAINT DT203/2013 FORWARDED TO ADDITONAL6H RESPONDENT RESPONDENTS' EXHIBITS : NIL. //TRUE COPY// P.A. TO JUDGE BP P.R. RAMACHANDRA MENON, J.

======================== W.P.(C). No. 20895 of 2012 -------------------------------------------- Dated this the 5th day of November, 2013 JUDGMENT

The petitioner has approached this Court with the following prayers: "i. To declare that respondents are legally obligated to implement the conditions and assurances recorded in Ext.P2 agreement in its letter and spirit and that petitioner is fully eligible to get engaged as petty contractor under 4th respondent for the available cable maintenance works of B.S.N.L at Kunnicode. ii. To issue a writ of mandamus or any other appropriate writ order or direction to respondents, directing them to engage petitioner as a petty contractor forthwith, to execute the available cable maintenance works of B.S.N.L at Kunnicode within the jurisdiction of 4th respondent, in compliance with the conditions and assurances recorded in Ext.P2 agreement." 2. A counter affidavit has been filed from the part of the respondents, rebutting the pleadings and prayers. During the pendency of the proceedings, the petitioner filed I.A. No. 5653 of 2013, producing a copy of the complaint preferred before the additional 6th respondent as Ext.P9. The learned counsel for the W.P.C. No.20895 of 2012 -2- petitioner submits that, the only relief now pressed before this Court is to cause the same to be considered and finalized within a reasonable time.

3. Heard the learned Standing Counsel for the respondents as well.

4. After hearing both the sides, the writ petition is disposed of, directing the additional 6th respondent to consider and pass appropriate orders on Ext.P9 in accordance with law after giving an opportunity of hearing to the parties concerned, which shall be done at the earliest, at any rate, within 'two months' from the date of receipt of a copy of this judgment. The petitioner shall produce a copy of the judgment along with a copy of the writ petition before the additional 6th respondent for further steps. P.R. RAMACHANDRA MENON, JUDGE. kp/-

Same Court & Year Kerala · 2013 Same Parties Alexander George vs The Chief General Manager Same Subject Land Acquisition Same Judge Honourable Mr.Justice P.R.Ramachandra Menon