Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN TUESDAY, THE 1ST DAY OF AUGUST 2023 / 10TH SRAVANA, 1945 WP(C) NO. 25145 OF 2023 PETITIONER: SUNIL GEORGE AGED 53 YEARS S/O.GEORGE, MANAGING PARTNER, K.P.ABDULLA HAROON & CO., ALUVA, ERNAKULAM., PIN - 683101 BY ADVS. RAJESH VIJAYAN SIKHA S.NAIR RESPONDENTS: 1 THE SECRETARY DEPARTMENT OF FOOD AND CIVIL SUPPLIES, SECRETARIAT, THIRUVANANTHAPURAM., PIN - 695001
2 DISTRICT SUPPLY OFFICER KUNNUMPURAM, EACHAMUKKU, THRIKKAKKARA, KAKKANAD, ERNAKULAM., PIN - 682030 3 TALUK SUPPLY OFFICER OFFICE OF THE TALUK SUPPLY OFFICER MINI CIVIL STATION, ALUVA., PIN - 683101 OTHER PRESENT: SMT. VIDYA KURIAKOSE, GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: --------------------- --------------------------- Dated this the 1st day of August, 2023
JUDGMENT
This writ petition is filed with the following prayers:- “(i) Issue a writ of mandamus or any other writ,
order or direction directing the 1st respondent to
disburse the entire amount due to this petitioner towards commission for supply of food grains, the rent of the godown and other amounts which is legally due towards this petitioner as per the contract for the supply of food grains immediately or within a time limit which may be prescribed by this Hon’ble Court;
(ii) In the alternative direct the 1st and 2nd respondent to consider Exhibits P1 to P3 representation and pass appropriate orders within a time limit which may be prescribed by this Hon’ble Court
(iii) Pass such other and further reliefs as this Hon’ble Court may deem fit and proper in the
facts and circumstances of the case.” (SIC)
2. When this writ petition came up for consideration,
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 Exts.P1 to P3 within a time frame.
3. Heard the learned Government Pleader also.
4. After hearing both sides, I think this writ petition
itself can be disposed of directing the 2 nd respondent to consider Exts.P1 to P3 within a time frame. Therefore, this writ petition is disposed of with the following directions.
1) The 2nd respondent is directed to consider and pass appropriate orders in Exts.P1 to P3, after giving an opportunity of hearing to the petitioner, as expeditiously as possible, at any rate, within three months from the date of receipt of a certified copy of this judgment. 2) The petitioner will produce a certified copy of this judgment along with a copy of the writ petition before the 2nd respondent for compliance.
Sd/- JUDGE bng APPENDIX OF WP(C) 25145/2023 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE REPRESENTATION DATED 12.05.2022 THAT THE AMOUNT TOWARDS COMMISSION FOR THE MONTH OF APRIL 2017 CAN BE ALLOWED. Exhibit P2 TRUE COPY OF THE REPRESENTATION DATED 12.05.2022 ASKING THE REFUND OF THE RENT OF A GODOWN TAKEN BY THIS PETITIONER FOR STOCKING THE FOOD GRAINS. Exhibit P3 TRUE COPY OF THE REPRESENTATION FOR THE REFUND OF SECURITY DEPOSIT AND BANK GUARANTEE DATED 12.05.2022. Exhibit P4 TRUE COPY OF THE COMMON JUDGMENT IN W.P.(C) NO. 8976 OF 2022 AND CONNECTED CASES DATED 17.03.2022 PASSED BY THIS HONOURABLE COURT.