Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN TUESDAY, THE 9TH DAY OF APRIL 2024 / 20TH CHAITHRA, 1946 WP(C) NO. 23187 OF 2021 PETITIONER:
ANWARSHA.S AGED 31 YEARS S/O.SHAIBUKHAN.M., PROPRIETOR, M/S. FLUMINZ, 67/9095, 2ND FLOOR, PANICKASSERY BUILDING, CONVENT ROAD, COLLEGE P.O., ERNAKULAM-682 035, RESIDING AT WHITE HOUSE, CHAVARA P.O., CHAVARA, KOLLAM-691 583.
BY ADVS.
GEORGE VARGHESE(PERUMPALLIKUTTIYIL) A.R.DILEEP P.J.JOE PAUL MANU SRINATH RESPONDENTS:
1 STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO THE LOCAL SELF GOVERNMENT (RURAL) DEPARTMENT, ROOM NO.404A, 4TH FLOOR, ANNEX I, SECRETARIAT, THIRUVANANTHAPURAM, KERALA-695 001.
2 COMMISSIONER, COMMISSIONERATE OF RURAL DEVELOPMENT, 4TH FLOOR, SWARAJ BHAVAN, NANTHANCODU, KOWDIAR, THIRUVANANTHAPURAM, KERALA-695 003.
3 DISTRICT COLLECTOR, COLLECTORATE, KOLLAM-691 001.
4 PATHANAPURAM BLOCK PANCHAYAT, REPRESENTED BY ITS SECRETARY, BLOCK PANCHAYATH OFFICE, PATHANAPURAM, PATHANAPURAM, KOLLAM-689 695.
5 BLOCK DEVELPMENT OFFICER, PATHANAPURAM BLOCK PANCHAYATH OFFICE, PATHANAPURAM, PATHANAPURAM, KOLLAM-689 695.
6 A.ANANDAVALLI, PRESIDENT, PATHANAPURAM BLOCK PANCHAYATH, BLOCK PANCHAYATH OFFICE, PATHANAPURAM, PATHANAPURAM, KOLLAM-689 695.
WP(C).No.23187/2021 2 7 T.ANIL KUMAR, SENIOR CLERK, PATHANAPURAM BLOCK PANCHAYATH, BLOCK PANCHAYATH OFFICE, PATHANAPURM, PATHANAPURAM, KOLLAM-689 695.
8 ANANDHU.T.S., DRIVER (ON CONTRACT), PATHANAPURAM BLOCK PANCHAYATH, BLOCK PANCHAYATH OFFICE, PATHANAPURM, PATHANAPURAM, KOLLAM-689 695.
BY ADVS.
SHRI.ANSU VARGHESE, SC, PATHANAPURAM BLOCK PANCHAYAT BINDUMOL JOSEPH SRI.RIYAL DEVASSY, GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.23187/2021 3 P.V.KUNHIKRISHNAN, J.
-------------------------------- W.P.(C).No.23187 of 2021 ---------------------------------------------- Dated this the 09th day of April, 2024 JUDGMENT This writ petition is filed with following prayers:
i.
declare that the Petitioner's firm - M/s Fluminz is entitled to a payment of Rs. 3,26,016/- from 4th Respondent Block Panchayat for the delivery of healthcare products.
ii.
issue a writ of mandamus or any other appropriate writ, direction or order commanding 4th Respondent Block Panchayat to make a payment of Rs. 3,26,016/- to the Petitioner's firm M/s Fluminz for the delivery of healthcare products;
iii.
issue a writ of mandamus or any other appropriate writ, direction or order directing 1st Respondent to act upon Ext. P12 Complaint and to Issue appropriate directions to the 4th respondent Block Panchayat under Section 172(2) r/w Section 189 of the Kerala Panchayat Raj Act, 1994, after making due enquiry, directing disbursement of Rs. 3,26,016/- to the Petitioner's firm M/s Fluminz for the delivery of healthcare products.
iv.
issue a writ of mandamus or any other
WP(C).No.23187/2021 4 appropriate writ, direction or order directing the 4th Respondent Block Panchayat to decide and pass orders on Ext.P12 Petition expeditiously;
v.
issue a writ of mandamus or any other appropriate writ, direction or order directing the 4th Respondent Block Panchayat to pay exemplary costs and compensation to the petitioner for all the difficulty and mental agony caused to the petitioner on account of the non-payment of money due towards the delivery of healthcare products;
vi.
issue a writ of mandamus or any other appropriate writ, direction or order directing 1st respondent to initiate appropriate disciplinary proceedings against the 6th to 8th Respondents as per law for the illegality committed in the non- payment of money due towards the delivery of healthcare products;
vii.
issue such other further writ, direction or order as deemed fit and necessary in the circumstances;
(SIC) 2.
The main prayer in this writ petition is to declare that the petitioner’s firm is entitled an amount of Rs.3,26,016/- from the 4th respondent Block Panchayat for the delivery of healthcare products. The further prayer is to issue a direction to the 1st respondent to act upon Ext.P12 complaint and to issue appropriate direction to the 4th respondent for making
WP(C).No.23187/2021 5 the amount paid. According to the petitioner, certain amount is due to the petitioner. It is conceded by both sides that a criminal proceedings and disciplinary proceedings are initiated against the 7th respondent. I do not want to make any observation about the same. If any amount is due to the petitioner, the petitioner can file a fresh representation before the 2nd respondent within a time frame and there can be a direction to consider the same with notice to the petitioner and respondents 4 and 5.
Therefore, this writ petition is disposed of with following directions:
1.
The petitioner is free to file a representation
before
the
2nd respondent narrating her surviving grievance, within three weeks from the date of receipt of a certified copy of this judgment.
2.
Once such a representation is received, the 2nd respondent will consider the same and pass appropriate orders in it, after affording an opportunity of
WP(C).No.23187/2021 6 hearing to the petitioner, respondents 4 and 5, and other affected parties, if any, as expeditiously as possible, at any rate, within four months from the date of receipt of the representation.
3.
At the time of hearing, the petitioner is free to appear through an authorised Power of Attorney, if she is not in station.
4.
The petitioner shall produce a certified copy of this judgment along with a copy of this writ petition with exhibits with the representation before the 2nd respondent for compliance.
sd/- P.V.KUNHIKRISHNAN JV JUDGE
WP(C).No.23187/2021 7 APPENDIX OF WP(C) 23187/2021 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE CERTIFICATE OF REGISTRATION DATED 24.06.2020 OF M/S.
FLUMINZ UNDER THE KERALA MICRO SMALL MEDIUM ENTERPRISES FACILITATION RULES, 2020.
Exhibit P2 A TRUE COPY OF THE TRADE LICENCE DATED 30.06.2020 ISSUED BY THE CORPORATION OF COCHIN UNDER SECTION 447 OF THE KERALA MUNICIPALITY ACT, 1994 TO THE PETITIONER'S FIRM.
Exhibit P 2A A TRUE COPY OF THE TRADE LICENCE DATED 07.07.2021 ISSUED BY THE CORPORATION OF COCHIN UNDER SECTION 447 OF THE KERALA MUNICIPALITY ACT, 1994 TO THE PETITIONER'S FIRM.
Exhibit P3 A TRUE COPY OF THE E MAIL COMMUNICATION DATED 11.05.2021 FROM 5TH RESPONDENT BDO TO THE PETITIONER'S FIRM.
Exhibit P4 A TRUE COPY OF THE E-WAY BILL DATED 12.05.2021 GENERATED UNDER THE GST PORTAL FOR FACILITATING THE TRANSPORT OF THE ARTICLES FROM ERNAKULAM TO PATHANAMPURAM.
Exhibit P5 A TRUE COPY OF THE ESTIMATE/QUOTATION ISSUED BY THE PETITIONER'S FIRM SHOWING THE ACKNOWLEDGEMENT.
Exhibit P6 A TRUE COPY OF THE TAX INVOICE DATED 12.05.2021 SHOWING THE ACKNOWLEDGEMENT ISSUED
BY
THE
6TH
RESPONDENT PRESIDENT.
Exhibit P7 A TRUE COPY OF THE RTI APPLICATION DATED 30.07.2021 FILED BEFORE THE 5TH RESPONDENT.
Exhibit P8 A TRUE COPY OF THE REPLY DATED 26.08.2021
ISSUED
BY
THE
5TH RESPONDENT.
Exhibit P9 A TRUE COPY OF THE COMPLAINT DATED 02.07.2021 PREFERRED BY THE PETITIONER
WP(C).No.23187/2021 8 BEFORE SHO, PATHANAPURAM POLICE STATION.
Exhibit P10 A TRUE COPY OF THE FIR DATED 04.09.2021 IN CRIME NO.937/2021 AT PATHANAPURAM POLICE STATION.
Exhibit P11 A TRUE COPY OF THE PROCEEDINGS NO.7467/ESTA/A4/2021/CRD
DATED 01.09.2021
ISSUED
BY
THE
2ND RESPONDENT.
Exhibit P12 A TRUE COPY OF THE PETITION DATED 13.09.2021 PREFERRED BY THE PETITIONER BEFORE 4TH RESPONDENT PANCHAYAT ALONG WITH
THE
POSTAL
ACKNOWLEDGMENT (WITHOUT ANNEXURES).
Exhibit P13 A TRUE COPY OF THE EMAIL COMMUNICATION DATED 20.09.2021 PREFERRED BY THE PETITIONER BEFORE THE OFFICES OF MINISTER OF LOCAL SELF GOVERNMENT AND MINISTER OF INDUSTRIES FORWARDING EXT.P12 COMPLAINT REQUESTING THEIR ACTIONS ON THE SAME.
RESPONDENT EXHIBITS Exhibit R4(a) The true of the statement of allegation
issued
against
7th respondent by the 2nd respondent dated 14/12/2021 Exhibit R4(b) The true copy of the charge sheet issued against the 7th respondent by the 2nd respondent dated 14/12/2021