Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR FRIDAY, THE 29TH DAY OF JANUARY 2021 / 9TH MAGHA, 1942 WP(C).No.2391 OF 2021(Y) PETITIONER: PRASANNAKUMAR AGED 54 YEARS S/O. NARAYAN PILLAI, KUNNIKUZHIYIL HOUSE, MANGARAM PANDALAM, PATHANAMTHITTA DISTRICT-689 501. BY ADVS. SRI.ARUN.B.VARGHESE SMT. AISWARYA V.S. RESPONDENTS: 1 STATE OF KERALA REPRESENTED BY ITS SECRETARY, LOCAL SELF GOVERNMENT DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2 PANDALAM MUNICIPALITY REPRESENTED BY ITS SECRETARY, OFFICE OF THE PANDALAM MUNICIPALITY, PANDALAM P.O., PATHANAMTHITTA DISTRICT-689 501. 3 THE MUNICIPAL COUNCIL PANDALAM MUNICIPALITY, OFFICE OF THE PANDALAM MUNICIPALITY, PANDALAM P.O., PATHANAMTHITTA DISTRICT-689 501.
BY GOVERNMENT PLEADER SRI.PAUL ABRAHAM VAKKANAL(R1), BY ADV.SRI.K.R RADHAKRISHNAN NAIR,SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P(C).No.2391 of 2021 2
JUDGMENT
The petitioner, who is faced with Exts.P11 and P12 demand notices for arrears of fees for the conduct of a bus stand and a market for the respondent Municipality, has preferred Exts.P4 to P7 representations before the 2nd respondent seeking a waiver of the said charges taking note of the pandemic situation that prevailed in the State. In the Writ Petition, it is his case that the 2 nd respondent has since taken up the matter to the 1st respondent and the decision of the 1 st respondent is awaited. In the Writ Petition, he is aggrieved by the steps now stated to have been initiated for recovery of the amounts demanded in Exts.P11 and P12 demand notices even while the respondents have not taken a decision on the representations preferred by the petitioner.
2. I have heard the learned counsel for the petitioner, the learned
Government Pleader for the 1st respondent and the learned Standing counsel for the respondents 2 and 3. On a consideration of the facts and circumstances of the case and the submissions made across the Bar, I dispose the writ petition with a direction to the 2nd respondent to consider Exts.P4 to P7 representations and take a decision therein in consultation with the 1 st respondent within eight weeks from the date of receipt of a copy of this judgment, after W.P(C).No.2391 of 2021 3 hearing the petitioner. It is made clear that till such time as orders are passed by the 2nd respondent as directed and the order communicated to the petitioner recovery steps for recovery of amounts demanded under Exts.P11 and P12 demand notices shall be kept in abeyance. The petitioner shall produce a copy of the writ petition together with a copy of the judgment before the 2nd respondent for further action. Sd/- A.K.JAYASANKARAN NAMBIAR JUDGE mns/29.01.2021 W.P(C).No.2391 of 2021 4 APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1 TRUE COPY OF ORDER BEARING NO:R3-75/2020 DATED 8.4.2020 ISSUED BY THE 2ND RESPONDENT. EXHIBIT P2 TRUE COPY OF ORDER BEARING NO:R3-171/2019 DATED 8.2.2020 ISSUED BY THE 2ND RESPONDENT. EXHIBIT P3 TRUE COPY OF REPRESENTATION DATED 29.4.2020 SUBMITTED BY THE WRIT 2ND RESPONDENT AND ITS RECEIPT ISSUED BY THE 2ND RESPONDENT. EXHIBIT P4 TRUE COPY OF REPRESENTATION DATED 2ND RESPONDENT. EXHIBIT P5 TRUE COPY OF REPRESENTATION DATED 2ND RESPONDENT. EXHIBIT P6 TRUE COPY OF REPRESENTATION DATED PETITIONER BEFORE THE 3RD RESPONDENT. EXHIBIT P7 TRUE COPY OF REPRESENTATION DATED PETITIONER BEFORE THE 3RD RESPONDENT. EXHIBIT P8 TRUE COPY OF THE RECEIPTS ISSUED BY THE 2ND RESPONDENT FOR ACCEPTING EXHIBIT P4,P5,P6 AND P7. EXHIBIT P9 TRUE COY OF COMMUNICATION NO.R3-75/2020 DATED 13.1.2021 ISSUED BY THE 2ND RESPONDENT TO THE WRIT PETITIONER. EXHIBIT P10 TRUE COPY OF COMMUNICATION NO:R3-75/2020 W.P(C).No.2391 of 2021 5 DATED 13.1.2021 ISSUED BY THE 2ND RESPONDENT TO THE WRIT PETITIONER. EXHIBIT P11 TRUE COPY OF ORDER NO.R3-75/2020 DATED 11.1.2020 ISSUED BY THE 2ND RESPONDENT TO THE WRIT PETITIONER. EXHIBIT P12 TRUE COPY OF ORDER NO.R3-75/2020 DATED 11.1.2021 ISSUED BY THE 2ND RESPONDENT TO THE WRIT PETITIONER. RESPONDENTS EXHIBITS:NIL //TRUE COPY// P.A TO JUDGE