IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID TUESDAY, THE 9TH AUGUST 2011 / 18TH SRAVANA 1933 WP(C).No. 21602 of 2011(A) ---------------------------------------- PETITIONER(S): ------------------------ ABDUL SALIM, AGED 51 YEARS, S/O.K.B. PAREETH, BUSINESS, KUNDISHALIL, PADINJAREKKARA.P.O, VALLAKOM, VAIKOM, KOTTAYAM DISTRICT - 686 146. BY ADVS. SRI.M.P.RAMNATH, SRI.P.RAJESH (KOTTAKKAL). RESPONDENT(S): --------------------------- KOTTAYAM MUNICIPALITY, REP. BY ITS SECRETARY, PIN - 686 001. BY ADVS. SRI.SIBY MATHEW,SC SRI.PHILIP J.VETTICKATTU, SRI.B.PREMNATH (E). THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.21602/2011 A APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE PUBLIC TENDER NOTICE ISSUED BY THE RESPONDENT FOR THE YEAR 2010-11 BEARING NO.R6-62/2010 DTD. 9/02/2010. P2: COPY OF THE RECEIPT FOR PAYMENT OF FINE FOR BELATED PAYMENT DTD. 6/07/2010 ISSUED BY THE RESPONDENT TO THE PETITIONER FOR RS.1,875/-. P3: COPY OF THE APPLICATION DTD. 31/03/2011 FOR REFUND OF EMD OF RS.1,00,000/- GIVEN BY PETITIONER TO RESPONDENT. P4: COPY OF THE APPLICATIONS DTD. 31/03/2011 GIVEN BY THE PETITIONER TO THE CORPORATION FOR PAYMENT OF THE AMOUNTS DUE TOWARDS CONDUCT OF PROGRAMS BY RECOGNIZED POLITICAL PARTIES AND FOR PAYMENT OF AMOUNTS COLLECTED DIRECTLY BY MUNICIPALITY FROM PERSONS AND PRIVATE ORGANIZATIONS AS WAS SUBMITTED BEFORE THE RESPONDENT. P5: COPY OF THE RECEIPTS DTD. 31/03/2011 BEARING NO.10020 AND 10021 ISSUED BY THE RESPONDENT FOR RECEIVING EXT.P3 AND P4 APPLICATIONS FOR PAYMENT OF MONEY TO THE PETITIONER. P6: COPY OF THE APPLLICATION FILED BY THE PETITIONER TO THE RESPONDENT UNDER THE RIGHT TO INFORMATION ACT DTD.16/05/2011. P7: COPY OF THE REPLY DTD. 2/06/2011 BEARING NO.G9/13083/2011 ISSUED BY THE RESPONDENT TO THE PETITIONER. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss HARUN-UL-RASHID, J. ------------------------ W.P.(C).No.21602 Of 2011 ---------------------- Dated this the 9th day of August, 2011. J U D G M E N T The writ petition is filed for a direction directing respondent Municipality to refund the EMD amount and other amount due to the petitioner with interest @ 12% per annum from 1.4.2011 till payment. 2. The petitioner was the bidder in auction for the collection or parking fees from the vehicles parked at Thirunakkara Maidanam for the period from 1.4.2010 to 31.3.2011. The petitioner deposited Rs.1 Lakh as EMD returnable on the expiry of the auction period. It is stated that the respondent Municipality has directly collected Rs.88,000/- towards parking fees from the private individuals/organisations by permitting such individuals/organisations to use the Maidan for specified days. The petitioner also submits that the respondent Municipality has directly collected the fixed fee for parking the vehicles of the political party functions and the said amount is also retained by the respondent. Exts.P3, P4(1) and P4(2) are the applications made by the petitioner to the respondent requesting return of the money. Ext.P3 is dated ::2:: W.P.(C).No.21602 Of 2011 31.3.2011. The petitioner submits that but the amount has not been paid till date and the information received under Ext.P7 is that the request of the petitioner vide Exts.P3, P4(1) and P4(2) are pending consideration. Petitioner submits that two months have elapsed since no payment has been made to the petitioner. It is pointed out that for one day’s default the respondent levied 12% interest per annum from the petitioner. 3. Learned counsel for the respondent submits that the matter is under the active consideration of the Municipality and appropriate orders will be passed without any further delay. 4. In the facts and circumstances stated above, this Court direct the Municipality to pass appropriate orders on Exts.P3, P4(1) and P4(2) representations submitted by the petitioner, after affording an opportunity of being heard, within a period of two weeks from the date of receipt of a copy of this judgment. The amount to be repaid to the petitioner shall carry interest @ 7.5% per annum from 1.4.2011. The writ petition is disposed of as above. HARUN-UL-RASHID, Judge. bkn/-