N.SANTHOSH KUMAR v. KANNUR CORPORATION

BY ADVS. SMT.S.AMBILY SMT.M.MEENA JOHN SRI.ABILASH THOMAS SRI.K.K.CHANDRAN PILLAI SR. SMT.P.ELSAMMA JOSEPH SRI.K.V.KRISHNAKUMAR SMT.NAMITHA NAMBIAR OTHER PRESENT: SRI BS SYAMANTAK, GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23.01.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 27966 OF 2016 3 P.V.KUNHIKRISHNAN, J --------------------------------------- W.P.(C.) No. 27966 of 2016 -------------------------------------- Dated this the 23rd day of January, 2024 JUDGMENT The above writ petition is filed with following prayers : a) Call for the records leading upto Ext.P12 and quash the same by issuing a writ of certiorari, or any other appropriate writ, order or direction. b) Issue a writ of mandamus or any other appropriate writ, order or direction declaring that the entire action of the respondents no. 1 and 2 in executing Ext.P12 agreement with the 6th respondent is null and void because of the subsistence of Ext.P7 and Ext. P10 is in force. c) Issue a writ of mandamus or any other appropriate writ, order or direction directing the respondents no. 1 and 2 to enlarge the time to the petition for completion of work as per Ext.P10. d) Issue a writ of mandamus or any other appropriate writ, order or direction directing the respondents no. 1 to 5 to grant NOC/permission to complete the work as per Ext.P7 and P10 WP(C) NO. 27966 OF 2016 4 within the time limit fixed by this Hon'ble Court. e) Issue a writ of mandamus or any other appropriate writ, order or direction directing the respondents no. 1 and 2 to pay an amount of Rs.1 crore to the petitioner with interest at the rate of 9% per annum atleast from the date of Ext.P12 agreement as compensation for the loss caused to him. f) Issue such other appropriate writs, orders or directions as this Hon'ble Court deems fit and proper in the facts and circumstances of the case.” [SIC]

2. In order to install CCTV surveillance system in the 1st respondent-Corporation, the petitioner submitted an application. The council of the 1st respondent decided to grant permission to the petitioner to install CCTV cameras in 42 places is the submission. Thereafter, the 1st respondent required the District Collector, Kannur to grant NOC and other necessary permission to the petitioner to do the work. On 13.11.2014, the petitioner executed agreement with the 1st respondent for a period of 10 years is the further submission. In Clause 7 of Ext.P7, it is stipulated that the petitioner has to obtain permission from various statutory authorities and the 1st respondent will provide all assistance in this regard in WP(C) NO. 27966 OF 2016 5 writing if required by him. In response to the letter of the 1st respondent, the District Collector, Kannur issued order sanctioning cameras in National Highways and other important places in Kannur, it is submitted. On 15.12.2014, the 1st respondent issued work order to the petitioner. On the basis of Ext.P10, it is submitted that the petitioner commenced the work spending more than Rs.1 crore for installing poles and lying cables. He has put up poles with cameras and other equipments and drawn cables in 16 junctions within Kannur Town is the further submission. According to the petitioner, though the District Collector has granted permission as per Ext.P9 and the 1st respondent issued work order as per Ext.P10 directing the authorities to grant NOC/permission for installation of CCTV cameras, the respondent Nos. 4 and 5 have not granted permission inspite of repeated requests and reminders of the petitioner. Thereafter, it is submitted that the 1st respondent without issuing any notice to the petitioner, entered an agreement with the 6th respondent to install CCTV cameras within the 1st respondent-Corporation . Therefore, in WP(C) NO. 27966 OF 2016 6 effect, the work granted to the petitioner as per Ext.P7 and P10 are cancelled as per Ext.P12. The petitioner submitted that the entire action of respondent Nos. 1 and 2 in allotting the work to the 6th respondent is illegal, unjustifiable and unwarranted. Hence, this writ petition.

3. Heard the learned counsel for the petitioner, the Standing Counsel for the Corporation and also the learned Government Pleader. No notice is issued to the 6th respondent because process was not paid by the petitioner.

4. This writ petition is pending before this Court from 2016 onwards. A perusal of the pleadings of the petitioner would show that the main contention of the petitioner is that there is violation of the terms of the agreement. In such cases, the jurisdiction of this Court to entertain a writ petition is very limited. If the petitioner has got any grievance to the effect that there is violation of the conditions of the agreement, the petitioner is free to approach the civil court, in accordance with law. If any such proceedings are initiated, the period during which this writ petition is pending before this court WP(C) NO. 27966 OF 2016 7 shall be excluded while calculating the limitation period. With the above observation, this writ petition is disposed of. SKS Sd/- P.V.KUNHIKRISHNAN JUDGE WP(C) NO. 27966 OF 2016 8 APPENDIX OF WP(C) 27966/2016 PETITIONER EXHIBITS EXHIBIT P1: EXHIBIT P2: EXHIBIT P3: EXHIBIT P4: EXHIBIT P5: EXHIBIT P6: EXHIBIT P7: EXHIBIT P8: EXHIBIT P9: A TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE IST RESPONDENT DATED 27.11.2013. A TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE IST RESPONDENT DATED 10.1.2014. A TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE DISTRICT POLICE CHIEF, KANNUR DATED 6.11.2014. A TRUE COPY OF THE LETTER ISSUED BY THE IST RESPONDENT TO THE PETITIONER DATED 15.10.2014. A TRUE COPY O THE RESOLUTION NO.25 DATED 7.11.2014 OF THE IST RESPONDENT. A TRUE COPY OF THE LETTER DATED 13.11.2014 ISSUED BY THE IST RESPONDENT TO THE DISTRICT COLLECTOR, KANNUR. A TRUE COPY OF THE AGREEMENT DATED 13.11.2014 BETWEEN THE PETITIONER AND THE IST RESPONDENT. A TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE CHAIRPERSON OF THE IST RESPONDENT. A TRUE COPPY OF THE ORDER NO.2014/60155/13 DATED 21.11.2014 BY THE DISTRICT COLLECTOR, KANNUR. EXHIBIT P10: A TRUE COPY OF THE WORK ORDER NO.E1- WP(C) NO. 27966 OF 2016 9 EXHIBIT P11: 28334/13 DATED 15.12.2014 ISSUED BY THE IST RESPONDENT. A TRUE COPY OF THE E-MAIL COMMUNICATION SEND BY REPRESENTATIVE OF THE PETITIONER IN KANNUR AND THE REPRESENTATIONS SUBMITTED BY HISM BEFOR ETHE RESPONDENTS NO.2 AND 3. EXHIBIT P12: A TRUE COPY OF THE AGREEMENT EXECUTED BETWEEN THE RESPONDENTS NO. 1 AND 6.