Judgment
WP(C) NO. 19621 OF 2023 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN FRIDAY, THE 16TH DAY OF JUNE 2023 / 26TH JYAISHTA, 1945 WP(C) NO. 19621 OF 2023 PETITIONER/S:
AJITHKUMAR BHASKARAN NAIR AGED 51 YEARS S/O. BHASKARAN NAIR, AGED 51 YEARS, AJITH BHAVAN, VILAVOORKAL, VILAVOORKAL, TRIVANDRUM RESIDING AT KARTHIKEEYAVIL VILASOM VENPAKAL, NEYYATINKARA, TRIVANDRUM, PIN - 695123 BY ADVS.
K.C.ELDHO S.BIJILAL EBEE ANTONY ALMAJITHA FATHIMA RESPONDENT/S:
1 STATE OF KERALA REPRESENTED BY SECRETARY TO THE GOVERNMENT PUBLIC WORKS DEPARTMENT GOVERNMENT SECRETARIAT, TRIVANDRUM, PIN - 695033 2 THE SUPERINTENDING ENGINEER PWD, SOUTH CIRCLE, TRIVANDRUM, PIN - 695033 3 EXECUTIVE ENGINEER OFFICE OF THE EXECUTIVE ENGINEER PWD NATIONAL HIGHWAY KOLLAM, PIN - 691506 OTHER PRESENT:
SMT.VIDYA KURIAKOSE, GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16.06.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 19621 OF 2023 2 P.V.KUNHIKRISHNAN, J --------------------------------------- W.P.(C.) No. 19621 of 2023 -------------------------------------- Dated this the 16th day of June, 2023 JUDGMENT The above writ petition is filed with following prayers :
i) Issue a writ of mandamus or any other appropriate writ order or direction compelling the second respondent to renew Exhibit P1 licence of the petitioner on the basis of the renewal application and the payment thereon effected as per Exhibit P4 within a time limit stipulated by this Hon'ble Court.
ii) Issue a writ of mandamus or any other appropriate writ order or direction the second respondent to take a decision on Exhibit P5 representation and renew the Exhibit P1 licence of the petitioner as prayed thereon within a time limit as stipulated by this Hon'ble Court.
iii) Issue such other order or direction as this Hon'ble Court may deem fit while considering the peculiar circumstances of the case in the interest of justice.
iv) To dispense with the filing the translation of the vernacular documents produced in the above case.” [SIC] 2.
According to the petitioner, he is a 'B' Grade
WP(C) NO. 19621 OF 2023 3 contractor who has been carrying out civil contract works for various departments of the State. It is submitted that on 12.01.2023 , the petitioner submitted application for renewal of licence before the 2nd respondent for enabling him to carry out his occupation. Necessary fee is also paid for renewal is the submission of the petitioner. No action has been taken on the application for renewal of the licence so far, is the submission. Hence, this writ petition.
3.
Heard the learned counsel for the petitioner and the learned Government Pleader.
4.
After hearing both sides, I think this writ petition can be disposed of directing the 2nd respondent to consider the renewal application within a time frame.
Therefore, this writ petition is disposed of with the following directions:
1) The 2nd respondent is directed to consider and pass appropriate orders in Exts.P4 and P5 as expeditiously as possible, at any rate, within one month from the date of receipt of a certified copy of this judgment.
WP(C) NO. 19621 OF 2023 4 2) No coercive steps shall be taken against the petitioner till renewal application is considered.
3) The petitioner will produce a certified copy of this judgment along with a copy of this writ petition before the 2nd respondent for compliance.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE SKS
WP(C) NO. 19621 OF 2023 5 APPENDIX OF WP(C) 19621/2023 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE LICENCE NO.56B/SESC/2012-13 DATED 17/7/2012 ISSUED TO THE PETITIONER BY THE SECOND RESPONDENT Exhibit P2 A TRUE COPY OF THE RENEWAL OF THE LICENCE UPTO 1/4/2023 ISSUED BY THE SECOND RESPONDENT Exhibit P3 A TRUE COPY OF THE GST REGISTRATION CERTIFICATE DATED 01/07/2017 ISSUED TO THE PETITIONER Exhibit P4 A TRUE COPY OF THE LICENCE RENEWAL APPLICATION FEE PAID DATED 12/1/2023 BY THE PETITIONER Exhibit P5 A TRUE COPY OF THE REPRESENTATION DATED 27/5/2023 SUBMITTED BEFORE THE SECOND RESPONDENT Exhibit P6 A TRUE COPY OF THE MEDICAL CERTIFICATE SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT DATED 1/4/2023 Exhibit P7 A TRUE COPY OF THE STATEMENT OF ACCOUNT OF THE PETITIONER AND HIS WIFE FROM THE ACCOUNT NUMBER ENDING WITH 7586 FOR THE PERIOD 1/4/2023 TO 26TH MAY 2023 Exhibit P8 A TRUE COPY OF THE COMMUNICATION DATED 27/5/2023 ISSUED BY THE 3RD RESPONDENT