High Court Kerala High Court

Arun Kumar vs Secretary on 18 February, 2008

Kerala High Court
Arun Kumar vs Secretary on 18 February, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 5590 of 2008(M)


1. ARUN KUMAR,
                      ...  Petitioner

                        Vs



1. SECRETARY,
                       ...       Respondent

                For Petitioner  :SRI.PHILIP M.VARUGHESE

                For Respondent  : No Appearance

The Hon'ble MR. Justice PIUS C.KURIAKOSE

 Dated :18/02/2008

 O R D E R
                           PIUS C.KURIAKOSE, J.

                           -------------------------

                        W.P.(C) No. 5590 of 2008

                       ---------------------------------

             Dated, this the 18th day of February, 2008


                                J U D G M E N T

I don’t propose to decide the merits of the grounds raised.

But the grievance of the petitioner, who was contractor to the

respondent Panchayat for collection of gate fees in the Panchayat

market, is that the petitioner was unable to avail the full benefit of

the contract which has been given to him due to certain action on

the part of the Panchayat. Therefore, when the Panchayat initiated

revenue recovery proceedings vide Ext.P3, the petitioner submitted

Ext.P4 representation. Since Ext.P4 is apparently pending before

the Panchayat, I dispose of the writ petition directing the

respondent to take up Ext.P4, consider the same in the light of

various grounds raised in the writ petition and take a correct

decision immediately. Decision as directed above shall be taken by

the Panchayat immediately, at any rate, within a period of two

months of receiving copy of this judgment. In the meanwhile, the

Panchayat is directed to issue appropriate directions to the revenue

recovery authorities to keep in abeyance the action pursuant to

Ext.P3 on condition that the petitioner remits a sum of Rs.73,597/-

WP(C) No. 5590/2008

-2-

either with the respondent or with the Revenue Recovery Tahsildar

within a period of one month from today.

(PIUS C.KURIAKOSE, JUDGE)

jg