High Court of KeralaWP(C)/9071/2015disposed of

Dr. Raju Mathew M.B.B.S. v. M/S. Kitco Limited

2015-03-27Honourable Mr.Justice P.R.Ramachandra Menon6 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON FRIDAY, THE 27TH DAY OF MARCH 2015/6TH CHAITHRA, 1937 -------------------------------------- PETITIONER:

------------------- DR.RAJU MATHEW,M.B.B.S., GOVERNMENT CONTRACTOR, EDATHALA HOUSE,RAMALLOOR, KOTHAMANGALAM-686691.

BY SRI.K.L.VARGHESE (SENIOR ADVOCATE.) ADVS.SMT.SANTHA VARGHESE SRI.RAHUL VARGHESE SRI.RANJITH VARGHESE RESPONDENT'S:

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

M/S.KITCO LIMITED,FEMITH'S,P.B.NO.4407, PUTHIYA ROAD,NH BYPASS, VENNALA,KOCHI-682028, REPRESENTED BY THE MANAGING DIRECTOR.

THE SECRETARY TO GOVERNMENT, DEPARTMENT OF TOURISM, GOVERNMENT OF SECRETARIAT, THIRUVANANTHAPURAM.

THE DIRECTOR,TOURISM DEPARTMENT, OPP. MUSEUM,THIRUVANANTHAPURAM.

R1 BY SRI.M.GOPIKRISHNAN NAMBIAR R2 & R3 BY SPECIAL GOVT. PLEADER SRI.A.K.JOHN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27-03-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

APPENDIX PETITIONER'S EXHIBITS EXHIBIT P1:TRUE COPY OF LETTER DATED 14.3.2007 ISSUED BY THE IST EXHIBIT P2:TRUE COPY OF LETTER DATED 4.4.2007 ISSUED BY THE EXHIBIT P3:TRUE COPY OF LETTER DATED 17.4.2007 ISSUED BY THE EXHIBIT P4:TRUE COPY OF LETTER DATED 23.4.2007 ISSUED BY THE EXHIBIT P5:TRUE COPY OF LETTER DATED 1.5.2007 ISSUED BY THE EXHIBIT P6:TRUE COPY OF LETTER DATED 2.5.2007 ISSUED BY THE EXHIBIT P7:TRUE COPY OF LETTER DATED 26.4.2007 ISSUED BY THE IST RESPONDENT TO THE PETITIONER.

EXHIBIT P8:TRUE COPY OF LETTER DATED 5.5.2007 ISSUED BY THE EXHIBIT P9:TRUE COPY OF LETTER DATED 11.6.2007 ISSUED BY THE EXHIBIT P10:TRUE COPY OF LETTER DATED 4.7.2007 ISSUED BY THE EXHIBIT P11:TRUE COPY OF LETTER DATED 5.7.2007 ISSUED BY THE IST EXHIBIT P12:TRUE COPY OF LETTER DATED 21.7.2007 ISSUED BY THE EXHIBIT P13:TRUE COPY OF LETTER DATED 29.9.2007 ISSUED BY THE EXHIBIT P14:TRUE COPY OF LETTER DATED 12.12.2007 ISSUED BY THE EXHIBIT P15:TRUE COPY OF LETTER DATED 3.10.2007 ISSUED BY THE ISSUED BY THE IST RESPONDENT TO THE PETITIONER.

EXHIBIT P16:TRUE COPY OF LETTER DATED 19.12.2007 ISSUED BY THE IST Pto

EXHIBIT P17:TRUE COPY OF LETTER DATED 2.1.2008 ISSUED BY THE EXHIBIT P18:TRUE COPY OF REPRESENTATION DATED 17.1.2008 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT.

EXHIBIT P19:TRUE COPY OF LETTER DATED 2.2.2008 ISSUED BY THE EXHIBIT P20:TRUE COPY OF LETTER DATED 25.2.2008 ISSUED BY THE EXHIBIT P21:TRUE COPY OF LETTER DATED 6.3.2008 ISSUED BY THE IST EXHIBIT P22:TRUE COPY OF LETTER DATED 31.3.2008 ISSUED BY THE PETITIOENR TO THE IST RESPONDENT.

EXHIBIT P23:TRUE COPY OF LETTER DATED 10.4.2008 ISSUED BY THE EXHIBIT P24:TRUE COPY OF LETTER DATED 11.4.2008 ISSUED BY THE IST EXHIBIT P25:TRUE COPY OF LETTER DATED 10.6.2008 ISSUED BY THE EXHIBIT P26:TRUE COPY OF LETTER DATED 20.6.2008 ISSUED BY THE IST EXHIBIT P27:TRUE COPY OF LETTER DATED 5.9.2008 ISSUED BY THE IST EXHIBIT P28:TRUE COPY OF LETTER DATED 17.10.2008 ISSUED BY THE IST EXHIBIT P29:TRUE COPY OF LETTER DATED 30.10.2008 ISSUED BY THE PETITIONER TO THE IST RESPONDNET.

EXHIBIT P29(a):TRUE COPY OF THE GOVERNMENT CIRUCLAR DATED 10.10.2008.

EXHIBIT P30:TRUE COPY OF LETTER DATED 5.12.2008 ISSUED BY THE 3RD RESPONDENT TO THE 2ND RESPONDNET.

EXHIBIT P31:TRUE COPY OF LETTER DATED 24.3.2009 ISSUED BY THE 3RD RESPONDENT TO THE 2ND RESPONDENT.

EXHIBIT P32:TRUE COPY OF LETTER DATED 12.1.2010 ISSUED BY THE EXHIBIT P33:TRUE COPY OF LETTER DATED 15.11.2012 ISSUED BY THE Pto

EXHIBIT P34:TRUE COPY OF LETTER DATED 13.8.2011 ISSUED BY THE PETITIONER TO THE 2ND RESPONDENT.

EXHIBIT P35:TRUE COPY OF LETTER DATED 25.9.2012 ISSUED BY THE EXHIBIT P36:TRUE COPY OF LETTER DATED 1.12.2012 ISSUED BY THE IST EXHIBIT P37:TRUE COPY OF LETTER DATED 3.4.2013 ISSUED BY THE PETITIOENR TO THE IST RESPONDENT.

EXHIBIT P38:TRUE COPY OF LETTER DATED 8.4.2013 ISSUED BY THE IST EXHIBIT P39:TRUE COPY OF LETTER DATED 8.3.2014 ISSUED BY THE EXHIBIT P40:TRUE COPY OF LETTER DATED 18.3.2014 ISSUED BY THE IST EXHIBIT P41:TRUE COPY OF LETTER DATED 22.10.2014 ISSUED BY THE EXHIBIT P42:TRUE COPY OF LETTER DATED 17.11.2014 ISSUED BY THE IST EXHIBIT P43:TRUE COPY OF LETTER DATED 16.3.2015 ISSUED BY THE FEDERAL BANK LTD. TO THE PETITIONER.

RESPONDENT'S EXHIBITS:

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

P.R. RAMACHANDRA MENON, J.

-------------------------------------------- W.P(C). No. 9071 of 2015 ------------------------------------------- Dated this the 27th day of March, 2015

J U D G M E N T

The petitioner has approached this Court with the following prayers:

"(i) A writ of mandamus or any other appropriate writ, order or direction be issued, commanding the 2nd respondent to consider Ext.P-23 dt.10.04.2008 and the reminder letters thereafter viz. Exts.P-25, P-29, P-32, P-33, P-34, P-35 and P-39 in the light of the recommendations of the 1st respondent in Ext. P-26 dt.20.06.2008 and recommendations of the 3rd respondent vide Exts.P-30 and P-31 and P-40 intimation and pass appropriate orders.

(ii) Grant interest at 5% per annum on the amount found due from 10.04.2008, the date of Ext.P-23.

(iii) Grant costs to the petitioner and such other reliefs as are prayed for and deemed fit to be granted in the circumstances of the case."

Heard the learned Special Government Pleader as well. 3.

Considering the limited extent of relief sought for, this Court does not find it necessary to go into the merit of the case. The writ petition is disposed of, directing the 2nd respondent to consider Ext.P23, in accordance with law, after affording an

WP(c). No.9071 of 2015 opportunity of hearing to the petitioner. It shall be done, at the earliest, at any rate, within three months from the date of receipt of a copy of the judgment The petitioner shall produce a copy of the judgment along with a copy of a writ petition before the 2nd respondent for further steps.

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