Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN MONDAY, THE 4TH DAY OF MARCH 2024 / 14TH PHALGUNA, 1945 WP(C) NO. 3246 OF 2024 PETITIONER:
GIREESH CHANDRAN, AGED 30 YEARS S/O. K. N CHANDRAN PILLAI, KANNIPLACKAL HOUSE, PANACHEPPALLY P.O., KOOVAPPALLY, KOTTAYAM, PIN – 686 518.
BY ADVS.
CHRISTINE MATHEW ABESH ALOSIOUS AISWARYA E J VETTIKOMPIL SEN C PUTHUPPARAMPIL RESPONDENTS:
1 CHIRAKKADAVU GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, PONKUNNAM P.O, KOTTAYAM DISTRICT, PIN – 686 506.
2 THE SECRETARY, CHIRAKKADAVU GRAMA PANCHAYATH, PONKUNNAM PO, KOTTAYAM DISTRICT, PIN – 686 506.
BY ADVS.
SRI. MATHEW JOHN - SC ABY J AUGUSTINE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04.03.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.3246 OF 2024 2 JUDGMENT The 1st respondent Panchayat floated tender for removing 1575 M3 of red earth from the site where a building is constructed for Padanilam Primary Health Centre. The petitioner was the successful bidder and he floated tender for an amount of Rs.3,00,500/-.
Since the Panchayat did not obtain permission from the Geology Department, the petitioner was not able to remove the red earth pursuant to Ext.P4 agreement entered into by the petitioner with the Panchayat. Therefore, the petitioner submitted Ext.P5 application dated 15.11.2022 requesting the Panchayat to cancel the tender and to return the amount of Rs.3,00,500/- deposited by him.
2.
On 21.11.2022, the 2nd respondent issued Ext.P6 communication to the petitioner directing him to remit Rs.63,000/- as royalty and Rs.1,57,500/- as seigniorage for removing the red earth as per Ext.P4 agreement.
3.
The petitioner submitted Ext.P7 reply
WP(C).No.3246 OF 2024 3 stating that the payment of seigniorage and royalty was not part of the tender and requested the Panchayat to cancel the tender and to return the bid amount. The same was rejected by the 2nd respondent as per Ext.P8 communication and directed the petitioner to pay the seigniorage and royalty and to remove the earth. Further, by Ext.P9, the 2nd respondent directed the petitioner to remit an additional amount of Rs.15,025/- as GST and the petitioner was asked to complete the work pursuant to the agreement by Ext.P10 communication. The petitioner impugns Exts.P6, P8 and P10. According to the petitioner, there is no stipulation in Ext.P4 agreement or in Exts.P1 to P3 as to the payment of royalty, seigniorage and GST and such demand made is illegal and arbitrary.
4.
There is no mention about the royalty and seigniorage in Exts.P1 to P4. The petitioner could not remove the earth as the Panchayat could not secure
WP(C).No.3246 OF 2024 4 permission from the Geology Department. Since the liability to pay seigniorage and royalty was intimated to the petitioner, the demand made in Exts.P6, P8 and P10 cannot be sustained. Since permission could not be obtained from the Geology Department for removal of the red earth, the petitioner cannot be compelled to remove the red earth within the time frame as stipulated in the communications issued to the petitioner. Exts.P6, P8 and P10 are therefore, quashed. There will be a direction to the 2nd respondent to return the amount of Rs.3,00,500/- deposited by the petitioner, within a period of one month from the date of receipt of a copy of this judgment.
The writ petition is disposed of with the above direction.
Sd/- MURALI PURUSHOTHAMAN JUDGE SPR
WP(C).No.3246 OF 2024 5 APPENDIX PETITIONER’
S EXHIBITS
:- EXHIBIT P1 TRUE COPY OF ADVERTISEMENT PUBLISHED BY THE ISSUED BY 2ND RESPONDENT DATED 29.07.2022.
EXHIBIT P2 TRUE COPY OF DECISION NO 7/2 OF CHIRAKKADAVU PANCHAYAT COMMITTEE DATED 23.08.2023.
EXHIBIT P3 TRUE COPY OF COMMUNICATION ISSUED BY THE 2ND RESPONDENT DATED 27.08.2022.
EXHIBIT P4 TRUE COPY OF AGREEMENT BETWEEN THE PETITIONER AND 2ND RESPONDENT DATED 16.09.2022.
EXHIBIT P5 TRUE COPY OF APPLICATION SUBMITTED BY PETITIONER DATED 15.11.2022.
EXHIBIT P6 TRUE COPY OF COMMUNICATION DATED 21.11.2022 ISSUED BY THE 2ND RESPONDENT.
EXHIBIT P7 TRUE COPY OF APPLICATION SUBMITTED BY PETITIONER DATED 21.11.2022.
EXHIBIT P8 TRUE COPY OF COMMUNICATION DATED 15.12.2022 ISSUED BY THE 2ND RESPONDENT.
EXHIBIT P9 TRUE COPY OF COMMUNICATION DATED 28.11.2023 ISSUED BY THE 2ND RESPONDENT.
EXHIBIT P10 TRUE COPY OF COMMUNICATION DATED 15.01.2024 ISSUED BY THE 2ND RESPONDENT.
RESPONDENTS EXHIBITS: NIL.