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D.Suresh

High Court Of Kerala|17 October, 2014
|

JUDGMENT / ORDER

The petitioner has approached this Court with the following prayers:
“(i) Issue a writ of certiorari or such other writ, direction or order quashing Exhibit P10 and P11 communications.
(ii) Issue a writ of mandamus commanding the first and the second respondent to repay an amount of ₹ 4,63,727/- deducted from the bills of the petitioner together with reasonable interest, within a time frame fixed by this Honourable Court.
(iii) Direct the first respondent to pass orders on Exhibit P5 representation of the petitioner in the light of the Exhibit P6 judgment of this Honourable Court, within a time frame fixed by this Honourable Court.
(iv) Pass such other writ direction or order that this Honourable Court may deem fit and proper, in the facts and circumstances of the case.
(v) Direct the first and second respondents to pay the cost of these proceeding to the petitioner. “
2. The learned counsel for the petitioner submits that the grievance of the petitioner has already been projected by way of Ext.P5 representation which is pending consideration before the W.P.C. No. 23901 of 2014 -2-
1st respondent and the prayer is only to cause the same to be considered and disposed of within a reasonable time, simultaneously adding that, the eligibility of the petitioner is declared by the decision rendered by this Court as per Ext.P6 judgment dated 5.10.2013 in W.P.(C). No. 29467 of 2012. The learned counsel also submits that, the delay in finalizing Ext.P5 has caused much loss and hardships to the petitioner, who finds it difficult to meet both ends need, more so when he is suffering from carcinoma.
3. Heard the learned Standing Counsel for the respondents as well, who filed a counter affidavit on their behalf.
4. Considering the fact that, the issue is pending consideration before the 1st respondent, this Court does not find it necessary to go into the merits of the case. The writ petition is disposed of, directing the 1st respondent to consider and pass appropriate orders on Ext.P5 in accordance with law, after giving an opportunity of hearing to the petitioner and also in the light of Ext.P6 judgment at the earliest, at any rate, within 'one month' from the date of receipt of a copy of this judgment. The amount W.P.C. No. 23901 of 2014 -3-
if at all any due to the petitioner shall be disbursed within two weeks thereafter.
The petitioner shall produce a copy of the judgment along with a copy of the writ petition before the concerned respondent for further steps.
P.R. RAMACHANDRA MENON, JUDGE.
kp/-
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Title

D.Suresh

Court

High Court Of Kerala

JudgmentDate
17 October, 2014
Judges
  • P R Ramachandra Menon
Advocates
  • Sri Thomas M Jacob
  • Smt
  • V K Anju Sri
  • T R Jerry
  • Sebastian