Hashim K v. Plantation Corporation Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON TUESDAY, THE 10TH DAY OF MARCH 2015/19TH PHALGUNA, 1936 WP(C).No.2251 of 2015 (F) --------------------------------------- PETITIONER:

------------------- HASHIM.K,KODAVANJI HOUSE,P.O.MALLAM, VIA.MULIYAR,KASARAGOD-671542.

BY ADVS.SRI.P.SREEKUMAR SRI.S.PRASANTH SRI.SOORAJ T.ELENJICKAL SRI.P.A.MOHAMMED SHAH SRI.B.PRASANTH SRI.T.S.SARATH RESPONDENTS:

------------------------ 1.

PLANTATION CORPORATION OF KERALA LTD., REPRESENTED BY ITS CHAIRMAN, REGISTERED OFFICE,KOTTAYAM-686004.

2.

*THE MANAGING PARTNER,(CORRECTED) THE PLANTATION CORPORATION OF KERALA LIMITED, REGISTERED OFFICE,KOTTAYAM-686004.

3.

THE CHIEF CONSTRUCTION ENGINEER, THE PLANTATION CORPORATION OF KERALA LTD.

KOTTAYAM-686004.

*CORRECTED AS THE MANAGING DIRECTOR (INSTEAD OF MANAGING PARTNER)AS PER ORDER DATED 10.3.2015 IN I.A.NO.3615/2015 IN W.P(C) 2251/2015.

R1- R3 BY SRI.RAJU SEBASTIAN VADAKKEKARA, SC, PLANTATION CORPORATION THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10-03-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.2251 of 2015 (F) -------------------------------------- APPENDIX PETITIONER'S EXHIBITS:

EXT.P1:TRUE COPY OF THE SELECTION NOTICE ISSUED TO THE PETITIONER. EXT.P2:TRUE COPY OF THE PETITION DATED 24.1.2014 SUBMITTED BY THE PETITIONER.

EXT.P3:TRUE COPY OF THE NOTICE DATED 31.10.2014 ISSUED TO THE PETITIONER BY NORTH MALABAR GRAMIN BANK.

EXT.P4:TRUE COPY OF THE PETITION DATED 4.11.2014. RESPONDENT'S EXHIBITS:

NIL //TRUE COPY// P.S. TO JUDGE pk

P.R.RAMACHANDRA MENON, J.

----------------------------------------- W.P.(C).No.2251 of 2015 ----------------------------------------- Dated this the 10th day of March, 2015

JUDGMENT

The petitioner has approached this Court with the following prayers:

i.

Issue a writ of mandamus or any other writ or order directing the 2nd respondent to consider and pass orders on Ext.P4 within a time limit to be fixed by this Hon'ble Court.

ii.

Issue a writ of mandamus or any other writ or order directing respondents to disburse the amount due to the petitioner for the work carried by him on the basis of Ext.P1 selection notice.

2. Heard the learned counsel appearing for the petitioner as well as the learned standing counsel appearing for the respondent Corporation.

3. During the course of hearing, the learned counsel for the petitioner submits that the grievance of the petitioner has already been projected by way of Ext.P4 which is pending consideration before the second respondent. It is stated that the petitioner will be satisfied, if a direction is given to the second

W.P.(C).No.2251 of 2015 respondent to have it considered and disposed of within a reasonable time.

4. In the above circumstance, this Court does not find it necessary to enter into the merits of the case. The writ petition is disposed of directing the second respondent to pass appropriate orders on Ext.P4 after affording an opportunity of hearing to the petitioner, at the earliest, at any rate within a period of one month from the date of receipt of a copy of this judgment. The petitioner shall produce a copy of this judgment, along with a copy of the writ petition, before the second respondent, for further steps.

Sd/- P.R.RAMACHANDRA MENON, JUDGE.

rkc.