Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN FRIDAY, THE 1ST DAY OF MARCH 2024/11TH PHALGUNA, 1945 WP(C) NO. 5922 OF 2024 PETITIONER:
V. RAJASEKHARAN AGED 60 YEARS S/O. VELAYUDHAN, ASWATHI BHAVAN, POOJA NAGAR, THALAYAL, ATHIYANNOOR VILLAGE, NEYYATTINKARA TALUK, THIRUVANANTHAPURAM, PIN – 695 126.
BY ADVS.
M.R.SASITH NEELANJANA NAIR RIYA KOCHUMMAN RESPONDENTS:
1 THE SECRETARY NEYYATTINKARA MUNICIPALITY, TB JUNCTION-HOSPITAL JCT ROAD, ALUMMOODU, NEYYATTINKARA, THIRUVANANTHAPURAM, PIN – 695 121.
2 NEYYATTINKARA MUNICIPALITY REPRESENTED BY SECRETARY, TB JUNCTION-HOSPITAL JCT ROAD, ALUMMOODU, NEYYATTINKARA, THIRUVANANTHAPURAM, PIN – 695 121.
SRI. R.T.PRADEEP - SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.03.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.5922 OF 2024 2 JUDGMENT The petitioner bid in auction the right to collect gate charges in respect of the Neyyattinkara Town Market for the period 2023-2024. The petitioner states that, for reasons not attributable to him, he could not effectively collect the gate charges and thus suffered considerable loss. Accordingly, the petitioner approached the respondents seeking Ext.P2 revision of the bid amount. Apprehending that the petitioner will not be permitted to participate in the auction floated for the financial year 2024-2025, he has approached this Court by filing this writ petition. The petitioner prays for a direction to the respondents to permit him to pay the entire balance bid amount for the period of 2023-2024, in installments.
2.
This Court, by order dated 19.02.2024, directed the learned Standing Counsel for the Municipality to ascertain whether the petitioner can be permitted to pay the amount in installments.
WP(C).No.5922 OF 2024 3 3.
The learned Standing Counsel, on instructions, submits that the petitioner has to pay the amount before 31.03.2024.
Having gone through the pleadings in the writ petition and after hearing the learned counsel for the petitioner and the learned Standing Counsel for the respondents, this writ petition is disposed of with a direction to the petitioner to remit the entire balance bid amount with all applicable charges including the GST and interest for delayed payment, in six equal monthly installments commencing from 15.03.2024.
In case the petitioner defaults any of the installments as above, it will be open to the 1st respondent to proceed against the petitioner, in accordance with law.
To enable the petitioner to pay the installments as above, all coercive proceedings against him shall be deferred.
Sd/- MURALI PURUSHOTHAMAN JUDGE SPR
WP(C).No.5922 OF 2024 4 APPENDIX PETITIONER’
S EXHIBITS
:- EXHIBIT P1 THE TRUE COPY OF THE REPRESENTATION FILED BY THE PETITIONER TO THE 2ND RESPONDENT DATED 18.11.2023.
EXHIBIT P2 THE TRUE COPY OF THE COMMUNICATION ISSUED BY THE RESPONDENTS DATED 20.12.2023 TO THE PETITIONER.
EXHIBIT P3 THE TRUE COPY OF THE RECEIPT ISSUED BY THE RESPONDENTS IN APPLICATION FOR PARTICIPATING IN AUCTION FOR LOCAL BODY ASSETS DATED 11/01/2024.
RESPONDENTS EXHIBITS: NIL.