Kerala High Court
A. Kasturi Rangan vs State Of Kerala on 27 September, 2019
Author: Devan Ramachandran
Bench: Devan Ramachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
FRIDAY, THE 27TH DAY OF SEPTEMBER 2019 / 5TH ASWINA, 1941
WP(C).No.36010 OF 2018(A)
PETITIONER/S:
A. KASTURI RANGAN
AGED 74 YEARS
42/4264, SAROVARAM, SREEPURAM ROAD, POOJAPPURA,
THIRUVANANTHAPURAM - 695 012, KERALA
BY ADVS.
SRI.M.GOPIKRISHNAN NAMBIAR
SRI.P.GOPINATH (SR.)
SRI.K.JOHN MATHAI
SRI.JOSON MANAVALAN
SRI.KURYAN THOMAS
SRI.PAULOSE C. ABRAHAM
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY ADDITIONAL CHIEF SECRETARY, LOCAL
SELF GOVERNMENT DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM - 695 001
2 KOLLAM MUNICIPAL
CORPORATION, REPRESENTED BY ITS SECRETARY,
KOLLAM 691 001, KERALA
3 SECRETARY,
KOLLAM MUNICIPAL CORPORATION KOLLAM 691 001, KERALA
4 TEHSILDAR,
TALUK OFFICE, FORT, THIRUVANANTHAPURAM 695023,
KERALA
R2-3 BY SRI.M.K.CHANDRA MOHAN DAS,SC,KOLLAM MPT
SRI.C.M.NAZAR, SPL.GP,LSGD
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
27.09.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.36010 OF 2018(A)
2
JUDGMENT
The petitioner has filed this writ petition impugning the revenue recovery action initiated by the Kollam Municipal Corporation to recover certain amounts from him, allegedly in violation of the stipulations in Ext.P4 agreement entered into between them.
2. The petitioner says that Ext.P4 is an agreement for consultancy entered into by the Kollam Municipal Corporation with him for the preparation of the project reports for the Kollam City and that he has, in fact, completed the said work. He says that he, therefore, preferred Ext.P16 before the Kollam Municipal Corporation seeking the balance amounts when they, instead of doing so, initiated action against him in a confutative manner. The petitioner thus prays that the revenue recovery action, as evidenced through Ext.P17, be set aside.
3. In answer to the afore submissions made on behalf of the petitioner by Sri. Gopikrishnan Nambiar, the learned Standing Counsel for the Kollam Municipal Corporation - Sri. M.K. Chandra Mohan Das, submits that the execution of Ext.P4 agreement and WP(C).No.36010 OF 2018(A) 3 all other action that happened subsequently appear to be actuated by malice and malafides. He says that the credentials of the petitioner even to undertake the work is not available on record and therefore, that the amounts paid under Ext.P4, which was in the form of an advance, is now required to be recovered urgently, since the petitioner has done nothing as per the terms of the agreement and has thus misappropriated it. He says that this is extremely crucial because the amount involved is public money and the same cannot be allowed to be misappropriated by the petitioner in this fashion.
4. I have considered the pleadings on record and have also examined the materials available.
5. As is clear from the submissions made on behalf of the Kollam Municipal Corporation by Sri. M.K. Chandra Mohan Das, the allegation against the petitioner is that he had collected an advance of Rs.10 lakhs under Ext.P4 agreement, but had not completed the work in spite of persistent demand from them. However, the pertinent question is not merely whether the petitioner has completed the work or whether there are contractual disputes between the parties; but what is more WP(C).No.36010 OF 2018(A) 4 relevant and acme is how Ext.P4 had been entered into without the credentials of the petitioner being properly assessed into and what action has been taken by the competent Authorities of the Corporation with respect to these aspects. The materials on record do not show any such action having been taken, though the petitioner alleges that he had completed the work; which, however, does not appear to be prima facie credible, going by his own explanation, namely Ext.P18. In the said communication he has imputed fault with the Corporation in not enabling him to complete the work in time, but I do not see anything available from the pleadings as to in what manner he was found eligible to do this work and what his qualifications and credentials are.
6. It is needless to say, therefore, that the entire contractual arrangement between the parties appears to be, at least at first look, amorphous in nature, but these issues have never been properly assessed or evaluated by any Authority, including the Kollam Municipal Corporation. They have, possibly to save their skin, attempted to recover the amounts from the petitioner by a requisition under the Revenue Recovery Act, but without explaining how this agreement between the parties came WP(C).No.36010 OF 2018(A) 5 into be and on what basis such a large advance was paid. The amounts in question are certainly held by the Kollam Corporation in public trust and they are accountable for each penny, which cannot be squandered away in this manner, if the allegations made by them are true.
7. In the above perspective, I am of the view that the matter requires a thorough and comprehensive investigation by the first respondent - State of Kerala, particularly, as to how and in what manner Ext.P4 agreement was entered into; how the terms of the agreement were formulated in such a manner so as to make it apparently in favour of the petitioner, enabling such a large amount to be given to him as advance even before the work started; and as to if the terms of such agreement were violated by the petitioner as alleged, leading to possible suspicion of illegal gratification.
8. The afore exercise shall be done by the Additional Chief Secretary, who is also stated to be the Principal Secretary of the Local Self Government Department, Government of Kerala, after hearing the petitioner as well as the competent authority of the Kollam Municipal Corporation; and an appropriate decision will WP(C).No.36010 OF 2018(A) 6 thereafter be taken as to the course of action is required to be followed in future and will communicate the parties appropriately, within a period of three moths from the date of receipt of a copy of this judgment.
9. Until such time the afore exercise is completed, all action to recover the amounts from the petitioner shall stand deferred; however, making it clear that necessary steps/measures will be pursued after the exercise by the Additional Chief Secretary, as ordered above, is completed and the resultant order communicated as per the above directions.
10. Needless to say, the Additional Chief Secretary will also decide if any official of the Corporation is culpable and, if so, what action is necessary against them and his order will reflect this clearly.
This Writ Petition is thus ordered.
Sd/-
DEVAN RAMACHANDRAN
shg JUDGE
WP(C).No.36010 OF 2018(A)
7
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE REGISTRATION CERTIFICATE
DATED 09.02.2000 ISSUED BY THE REGISTRAR OF SOCIETIES IN THE NAME OF EPDI EXHIBIT P2 TRUE COPY OF THE MEMORANDUM OF ASSOCIATION OF EPDI ALONG WITH DECLARATION RESOLVING TO REGISTER THE SOCIETY DATED NIL EXHIBIT P3 TRUE COPY OF THE ARTICLES OF ASSOCIATION OF EPDI DATED NIL EXHIBIT P4 TRUE COPY OF THE AGREEMENT ENTERED INTO BETWEEN KOLLAM MUNICIPAL CORPORATION AND EPDI DATED 24.4.2007 EXHIBIT P5 TRUE COPY OF THE LETTER DATED 16.6.2017 BEARING NO. EPDI/KLM/SWM/12/07 SENT BY EPDI TO THE 3RD RESPONDENT SECRETARY EXHIBIT P6 TRUE COPY OF THE LETTER DATED 28.06.2007 BEARING NO. KSUDP/PIU/KLM/SWM-1/07/VOL.I SENT BY THE 3RD RESPONDENT TO THE PETITIONER AS EXECUTIVE DIRECTOR OF EPDI ACKNOWLEDGING THE RECEIPT OF THE DPR FOR SOLID WASTE MANAGEMENT FOR THE 2ND RESPONDENT CORPORATION EXHIBIT P7 TRUE COPY OF THE LETTER DATED 21.8.2007 BEARING NO. EPDI/KLM/CDP/14/07 SENT BY EPDI TO THE 3RD RESPONDENT EXHIBIT P8 TRUE COPY OF THE COMMUNICATION DATED 01.09.2007 BEARING NO. PW7-29855/06 ISSUED BY THE MAYOR, CORPORATION OF KOLLAM TO EPDI CONFIRMING RECEIPT OF THE VISION DOCUMENT EXHIBIT P9 TRUE COPY OF THE LETTER DATED 12.12.2007 BEARING NO. EPDI/KLM/15/07 SENT BY EPDI TO THE 3RD RESPONDENT EXHIBIT P10 TRUE COPY OF THE LETTER DATED 22.01.2008 SENT BY EPDI TO THE 3RD RESPONDENT BEARING NO. EPDI/KLM/CDP/1/08 WP(C).No.36010 OF 2018(A) 8 EXHIBIT P11 TRUE COPY OF THE LETTER DATED 27.02.2008 SENT BY THE 3RD RESPONDENT TO EPDI ACKNOWLEDGING THE RECEIPT OF THE CDP EXHIBIT P12 TRUE COPY OF THE NOTICE DATED 27.09.2008 BEARING NO. PW7-29855/06 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER AS EXECUTIVE DIRECTOR EPDI.
EXHIBIT P13 TRUE COPY OF THE LETTER DATED 11.11.2008 NO. PW7-29855/06 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER EXHIBIT P14 TRUE COPY OF THE NOTICE DATED 13.02.2009 BEARING NO. PW7-29855/06 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER AS EXECUTIVE DIRECTOR, EPDI EXHIBIT P15 TRUE COPY OF THE NOTICE DATED 19.07.2010 BEARING NO. PW7-29855/06 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER AS EXECUTIVE DIRECTOR, EPDI EXHIBIT P16 TRUE COPY OF THE LETTER DATED 16.06.2011 SENT BY THE PETITIONER TOP THE MAYOR, KOLLAM CORPORATION EXHIBIT P17 TRUE COPY OF THE REVENUE RECOVERY NOTICE DATED 05.06.2018 ALONG WITH FORM 1 DATED 04.06.2018 ISSUED BY THE 4TH RESPONDENT TEHSILDAR EXHIBIT P18 TRUE COPY OF THE REPRESENTATION SENT BY THE PETITIONER TO THE MAYOR, KOLLAM MUNICIPAL CORPORATION DATED 14.10.2018