B. Sreekumar vs. Adoor Municipality - Kerala High Court, 10 January 2022

DATED 10.01.2022 IN IA 1/2021 IN WPC 27347/2021 OTHER PRESENT: SMT.VIDYA KURIAKOSE, GP, SRI.K.SHAJ, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

W.P.(C).No.27347/2021 2 P.V.KUNHIKRISHNAN, J. -------------------------------- W.P.(C).No.27347 of 2021 ---------------------------------------------- Dated this the 10th day of January, 2022 JUDGMENT This writ petition is filed with following prayers: i. Issue a writ of certiorari or any other appropriate writ, order or direction quashing Exhibit P-7 as the petitioner could not collect the Bus stand charges for 6 months due to Covid-19 calamities, which is beyond the control of the petitioner Organisation. ii. Issue a writ of mandamus commanding the Respondent to waive the bid amount for 6 months, ie. Half of the total bid amount as there was no chance for the petitioner to collect the Bus stand Charges in terms of the Exhibit P-1 quotation. iii. To issue a writ of mandamus or any other appropriate writ, order or direction to the Respondent to ensure that the petitioner is permitted to collect the Bus stand charges till 31.03.2022 on the amount already remitted to the respondent as per Exts.P2 to P5 receipts.

W.P.(C).No.27347/2021 3 iv. Issue a writ of mandamus commanding the respondent to consider and pass orders on Exts.P6 and P8 after hearing the petitioner organisation and to permit the collection till the disposal of the said representation.

The 1st respondent – Municipality invited tenders for collecting municipal private bus stand fee at Adoor. The petitioner is the successful bidder. The petitioner organisation started collection of charges from 15.04.2021. It is the condition of the bid that 50% of the bid amount together with GST at 18% and Cess at 1% shall be remitted with the 1st respondent on the date of fixation of the bid. The petitioner organisation had remitted Rs.5,500/- as deposit to participate in the auction and another Rs.5,500/- was deposited on 29.03.2021. Moreover Rs.50,000/- was deposited as security on the same date. It is also the case of the petitioner that another Rs.2,67,753/- was remitted on 13.04.2021 and hence a total amount of Rs.3,27,753/- is remitted with the 1st respondent. It is the case of the petitioner that immediately after starting the collection of bus stand charges on 15.04.2021, the Covid -19 pandemic spreading increased and the stage carriage buses stopped plying from 29.04.2021. The

W.P.(C).No.27347/2021 4 said collection was resumed only on 01.09.2021. But only 40% of the buses are plying during that time because there were less passengers. It is the case of the petitioner that the 1st respondent demanded the entire balance amount. Since there was no collection during the Covid – 19 lockdown period, it is the case of the petitioner that the petitioner ought to have allowed to collect the amount for the balance period on the basis of the amount already remitted with the 1st respondent. Hence this writ petition is filed.

Heard the counsel for the petitioner and the Standing Counsel for the respondent.

The learned counsel for the petitioner reiterated his contentions in the writ petition. The Standing Counsel for the 1st respondent submitted that as per Ext.P7, the petitioner has to pay the second instalment and the petitioner is bound to pay the same as per the agreement executed with the Municipality.

This Court considered the contentions of the petitioner and the respondents. When this writ petition came up for consideration on 02.12.2021, this Court passed an interim order directing the 1st respondent to allow the

W.P.(C).No.27347/2021 5 petitioner organisation to collect the bus stand charges till 31.03.2022 on the basis of the amount already remitted as per Exts.P2 to P5. The Standing Counsel submitted that if the petitioner needs any exemption, the petitioner is free to approach the 2nd respondent Government and the representation of the petitioner has already forwarded to the 2nd respondent. If that is the case, the petitioner can submit a fresh representation before the 2nd respondent narrating his grievance within a time frame and there can be a direction to the 2nd respondent to consider and pass appropriate orders in it in accordance to law, after giving an opportunity of hearing to the petitioner. The interim order already passed by this Court can be directed to continue till a decision is taken by the Government in this regard. Therefore, this writ petition is disposed of in the following manner:

The petitioner is free to file a representation before the 2nd respondent narrating his grievance raised in the writ petition, with a copy of the same to the 1st respondent, within two weeks from the date of receipt of a copy of

W.P.(C).No.27347/2021 6 this judgment.

Once such a representation is received, the 2nd respondent will consider the same and pass appropriate orders in it, after giving an opportunity of hearing to the petitioner and the 1st respondent

Municipality,

as expeditiously as possible, at any rate, within two months from the date of receipt of the representation.

The interim order already passed by this Court allowing the petitioner organisation to collect the bus stand charges till 31.03.2022, on the basis of the amount already remitted as per Exts.P2 to P5, will continue till final order is passed by the 2nd respondent in the representation as directed above. P.V.KUNHIKRISHNAN JV JUDGE

W.P.(C).No.27347/2021 7 APPENDIX OF WP(C) 27347/2021 PETITIONER EXHIBITS Exhibit P1OF THE QUOTATION NOTICE DATED 31.03.2021 PUBLISHED BY THE RESPONDENT. Exhibit P2OF THE RECEIPT ISSUED BY THE RESPONDENT DATED 29.03.2021 FOR RS. 5500/-. Exhibit P3OF THE RECEIPT ISSUED BY THE RESPONDENT DATED 29.03.2021 FOR RS. 5500/- Exhibit P4OF THE RECEIPT ISSUED BY THE RESPONDENT DATED 29.03.2021 FOR RS. 50,000/- Exhibit P5OF THE RECEIPT ISSUED BY THE RESPONDENT DATED 29.03.2021 FOR RS.2,67,753/- Exhibit P6OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT DATED 06.07.2021. Exhibit P7OF THE DEMAND NOTICE ISSUED BY THE RESPONDENT DATED 15.09.2021 TO THE PETITIONER ORGANISATION. Exhibit P8OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT DATED 01.10.2021.