Kerala High Court
P.A. Shafeer vs Kerala State Civil Supplies ... on 18 April, 2011
Author: P.R. Ramachandra Menon
Bench: P.R.Ramachandra Menon
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON
FRIDAY, THE 12TH DAY OF APRIL 2013/22ND CHAITHRA 1935
WP(C).No. 9320 of 2013 (L)
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PETITIONER(S):
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P.A. SHAFEER, MANAGING PARTNER,
BARKA FOODS, KONGAL,
PARAVUR, KOCHI-691 301.
BY ADV. SRI.VINOY VARGHESE KALLUMOOTTILL.
RESPONDENT(S):
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1. KERALA STATE CIVIL SUPPLIES CORPORATION,
REPRESENTED BY ITS MANAGING DIRECTOR,
GANDHI NAGAR, COCHIN-682 020.
2. THE REGIONAL MANAGER,
KERALA STATE CIVIL SUPPLIES CORPORATION,
THIRUVANANTHAPURAM-695 001.
3. THE ASSISTANT MANAGER,
KERALA STATE CIVIL SUPPLIES CORPORATION,
KOLLAM-691 001.
4. M/S.JEEVAN FOODS,
MUKKADA, PARIPPALLY, KOLLAM-691 001.
5. THE MANAGER,
THE PUNJAB NATIONAL BANK,
Q.S. ROAD, KOLLAM-691 001.
R1 TO R3 BY ADV. SHRI N.D.PREMACHANDRAN, SC, SUPPLYCO.
R5 BY SRI.P.V.JAYACHANDRAN, SC, PUNJAB NATIONAL BANK.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 12-04-2013, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
rs.
WP(C).No. 9320 of 2013 (L)
APPENDIX
PETITIONER'S EXHIBITS:-
EXHIBIT P1. TRUE COPY OF THE LETTER ISSUED BY THE OFFICE OF
THE 1ST RESPONDENT DATED 18/04/2011.
EXHIBIT P2. TRUE COPY OF THE NOTICE DATED 06/08/2011 ISSUED BY
THE MANAGER (LEVY SUGAR) TO THE 3RD RESPONDENT.
EXHIBIT P3. TRUE COPY OF THE ALLOTMENT ORDER ISSUED BY THE
1ST RESPONDENT DATED 04/04/2011.
EXHIBIT P4. TRUE COPY OF THE ALLOTMENT ORDER ISSUED FROM
THE OFFICE OF THE 1ST RESPONDENT DATED 03/05/2011.
EXHIBIT P5. TRUE COPY OF THE LETTER SENT BY THE PETITIONER TO
THE DEPOT MANAGER, KOLLAM DATED 20/06/2011.
EXHIBIT P6. TRUE COPY OF THE VERIFICATION REPORT DATED 25/06/2011 OF
THE 3RD RESPONDENT.
EXHIBIT P7. TRUE COPY OF THE HYPOTHICATION DEED EXECUTED IN FAVOUR
OF THE 1ST RESPONDENT DATED 28/03/2011.
EXHIBIT P8. TRUE COPY OF THE NOTICE DATED 20/09/2011.
EXHIBIT P9. TRUE COPY OF THE REPLY SUBMITTED TO THE OFFICE OF
THE 1ST RESPONDENT DATED 29/09/2011.
EXHIBIT P10. TRUE COPY OF THE REPRESENTATION SUBMITTED BEFORE
THE GENERAL MANAGER DATED 22/03/2012.
EXHIBIT P11. TRUE COPY OF THE REPRESENTATION SUBMITTED BEFORE
THE MANAGER, KERALA STATE CIVIL SUPPLIES CORPORATION
DATED 22/03/2012.
EXHIBIT P12. TRUE COPY OF THE REPRESENTATION SUBMITTED BEFORE
THE 1ST RESPONDENT DATED 12/12/2012.
EXHIBIT P13. TRUE COPY OF THE JUDGMENT IN WPC NO.2241/2013
DATED 29/01/2013.
EXHIBIT P14. TRUE COPY OF THE LETTER ISSUED BY THE OFFICE OF
THE 1ST RESPONDENT DATED 26/02/2013.
EXHIBIT P15. TRUE COPY OF THE LETTER ISSUED BY THE MANAGER
(LEVY SUGAR), CIVIL SUPPLIES CORPORATION.
RESPONDENT'S EXHIBITS:- NIL.
//TRUE COPY//
rs. P.A. TO JUDGE
P.R. RAMACHANDRA MENON J.
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W.P.(C) No. 9320 of 2013
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Dated, this the 12th day of April, 2013
JUDGMENT
The petitioner has approached this Court with the following prayers :
"i) Call for the records, relating to Ext. P1 to P15 and issue a writ of certiorari Ext. P15 and issue appropriate direction to the 1st respondent not to revoke and encash with guarantee furnished by the petitioner lying with 5th respondent bank till the final adjudication of the matter as directed by this Hon'ble Court.
ii) Issue a writ or appropriate direction to the 5th respondent bank not to release the bank guarantee or to revoke the same till the final adjudication of the matter. Iii) Pass any other order or direction as this Hon'ble Court may deem fit and proper in the nature and circumstances of the case.
2. When the matter came up for consideration on 03.04.2013, the following interim order was passed :
"Learned standing counsel for the Civil Supplies Corporation seeks for time to get instructions. Post on 08.04.2013. Status quo shall be maintained till that date."
W.P.(C) No. 9320 of 2013 : 2 :
Subsequently, the interim order was extended further, till this day and in the meanwhile the learned standing counsel for the Corporation was directed to produce the concerned file as well. The file is produced today.
3. The learned standing counsel for the respondent Corporation fairly submits that on going through the file, it is revealed that the matter has been finalized by the General Manager of the Corporation and that by virtue of specific direction given by this Court, vide Ext. P13, the matter ought to have been considered by the Managing Director. The learned standing counsel further submits that necessary instruction has been given to the Managing Director to cause the matter to be considered at his level.
4. In view of the turn of events, this Court does not find any reason to deal with the merits of the case. The Managing Director of the respondent Corporation is permitted to proceed with the matter and finalize the same as already directed vide Ext. P13. The learned standing counsel appearing for the W.P.(C) No. 9320 of 2013 : 3 : respondent submits that the Managing Director is presently out of station in connection with the election in Karnataka and that the proceedings will be finalized before the re-opening of the Court.
In the said circumstances, the Writ Petition is disposed of recording the submission as above.
'Status quo' with regard to bank guarantee shall be maintained till finalization of the proceedings as above.
The orders to be passed by the Managing Director shall be communicated to the petitioner without any delay.
sd/-
P. R. RAMACHANDRA MENON, (JUDGE) kmd