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P.M.Abdul Karim

High Court Of Kerala|24 November, 2014
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JUDGMENT / ORDER

The petitioner has approached this Court with the following prayers:
“i) issue a writ of certiorari or any other appropriate writ, order or direction calling for the records leading to the issue of Ext.P2, Ext.P3 and Ext.P4 and quash the same.
ii) issue a writ of mandamus or any other writ, order or direction instruction the respondents to consider and pass their order after giving an opportunity to the petitioner for being heard on the Ext.P5 and Ext.P5(a) objection, in a time bound manner.
iii) issue such other order this Hon'ble Court deems fit in the interest of justice.”
2. The learned counsel for the petitioner submits that, Ext.P3 provisional bill has been issued followed by Ext.P4 notice, pursuant to Ext.P2 site mahazar prepared on 10.11.2014, after conducting a site inspection. The learned counsel points out that, the insinuating circumstances levelled against the petitioner are far from the track of truth and the factual position has been brought to the notice of the concerned respondent by submitting Exts.P5/P5(a) objections. Apprehending further coercive proceedings, the petitioner has approached this Court, seeking W.P.(C) No.31320 of 2014 2 for a direction to the concerned respondent, to have the proceedings finalised, also considering the objections as aforesaid.
3. Heard the learned Standing Counsel as well.
4. In the said circumstances, the writ petition is disposed of, directing the 2nd respondent to consider Exts.P5/P5(a) objections preferred by the petitioner and to pass final orders, in accordance with law, which shall be done at the earliest, at any rate within 'two months' from the date of receipt of a copy of this judgment. Coercive proceedings pursuant to Exts.P3 and P4 shall be kept in abeyance till such time.
The petitioner shall produce a copy of this judgment, along with a copy of the writ petition, before the 2nd respondent, for further steps.
P.R. RAMACHANDRA MENON, JUDGE sp
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Title

P.M.Abdul Karim

Court

High Court Of Kerala

JudgmentDate
24 November, 2014
Judges
  • P R Ramachandra Menon
Advocates
  • Sri Siraj Karoly
  • Sri
  • R Parameswara Iyer