Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH TUESDAY, THE 2ND DAY OF AUGUST 2022 / 11TH SRAVANA, 1944 WP(C) NO. 9541 OF 2022 PETITIONER:
ANILKUMAR @ ANIL A, AGED 51 YEARS, S/O APPU, ANIL BHAWAN, VAZHAVILA MUKKU, KOOTHALLOOR DESOM, KIZHUVILAM VILLAGE, CHIRAYINKEEZHU TALUK, THIRUVANANTHAPURAM DISTRICT-695 304.
BY ADV J.JAYAKUMAR RESPONDENTS:
1 CHIRAYINKEEZHU GRAMA PANCHAYAT, CHIRAYINKEEZHU P.O., THIRUVANANTHAPURAM-695 304, REPRESENTED BY ITS SECRETARY
2 THE SECRETARY, CHIRAYINKEEZHU GRAMA PANCHAYATH, CHIRAYINKEEZHU P.O., THIRUVANANTHAPURAM-695 304
R1-2 BY SRI.M.R.SASITH, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02.08.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT Dated this the 2nd day of August, 2022 The petitioner, who was the highest bidder and who obtained licence for collecting gate fee of Valiyakada, Lekshmipuram Market for an amount of ₹10,50,000/-, has filed this writ petition seeking to direct the 2nd respondent to consider and dispose of Ext.P3 representation dated 23.06.2021 of the petitioner in the light of Ext.P4 order of the Government, after providing an opportunity of hearing to the petitioner.
2.
In Ext.P3, the petitioner stated that though the petitioner had bid in auction for the right for making collection for the year 2021-2022, and though the petitioner had remitted the entire bid amount, he could effect collections only during the month of April. Due to Covid-19 pandemic, no business was conducted in the market during the months of May, June and July, 2021.
3.
In Ext.P3, the petitioner submitted that the petitioner has remitted ₹12,00,000/- inclusive of GST. As the
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market had to be shut down due to the wide spread Covid-19 pandemic, the petitioner should be exempted from making proportionate payments for the months of May, June and July, 2021.
4.
The Standing Counsel entered appearance on behalf of the respondents. The Standing Counsel submitted that taking into consideration the Covid-19 pandemic, the Grama Panchayat authorities have already granted exemption in respect of two months, to all licensees/tenants. However, the petitioner's representation under Ext.P3 can be considered in accordance with law.
In view of the facts as stated above, the writ petition is disposed of directing the 2nd respondent to consider Ext.P3 representation submitted by the petitioner and take appropriate decision thereon in accordance with law, within a period of one month.
Sd/- N. NAGARESH JUDGE SR
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APPENDIX OF WP(C) 9541/2022 PETITIONER'S EXHIBITS:
Exhibit P1 THE TRUE COPY OF THE AUCTION NOTICE DATED 11.2.2021 ISSUED BY THE 2ND RESPONDENT Exhibit P2 TRUE COPY OF THE RECEIPT DATED 9.3.2021 ISSUED BY THE 2ND RESPONDENT Exhibit P2(A) TRUE COPY OF THE RECEIPT DATED 23.3.2021 ISSUED BY THE 2ND RESPONDENT Exhibit P3 TRUE COPY OF THE REPRESENTATION DATED 23.6.2021 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT Exhibit P4 TRUE COPY OF THE ORDER NO GO (MS) NO.
261/2021/LSGD DATED 6.11.2021 SR