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K.VENUGOPALAN, AGED 57 YEARS versus THE SUPERINTENDENT

High Court of Kerala

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K.VENUGOPALAN, AGED 57 YEARS v. THE SUPERINTENDENT - WP(C) No. 23662 of 2003(P) [2006] RD-KL 2791 (7 December 2006)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 23662 of 2003(P)

1. K.VENUGOPALAN, AGED 57 YEARS
... Petitioner

Vs

1. THE SUPERINTENDENT,
... Respondent

2. THE CHAIRMAN, TALUK HOSPITAL

3. THE DEPUTY TAHSILDAR,

For Petitioner :SRI.VIJAYAN MANNALY

For Respondent :GOVERNMENT PLEADER

The Hon'ble MR. Justice KURIAN JOSEPH

Dated :07/12/2006

O R D E R

KURIAN JOSEPH, J.

W.P(C)No. 23662 of 2003

Dated this the 7th day of December, 2006



JUDGMENT

The writ petition is filed with the following prayer:-

i) to issue a writ of mandamus or other appropriate writ, order or direction commanding the respondents not to realise the amount demanded as per Ext.P4 holding that the liability to pay the amount as per Ext.P4 without proper adjudication of the disputes is highly arbitrary and unsustainable. It is seen from the statement filed by the first respondent that the recovery is for "..... the loss sustained by the respondent because of the breach of agreement entered into by the petitioner with the first respondent." The main grievance of the petitioner is that he was not even given an opportunity to submit his version. There is no reference to that contention. It is now settled law that even if the loss is to be recouped based on an agreement the same cannot be unilaterally done. Therefore, this writ petition is disposed of quashing Ext.P4, but without prejudice to the liberty to respondents 1 and 2 to take appropriate action in accordance with law with notice and opportunity for hearing to the petitioner.

(KURIAN JOSEPH, JUDGE)

ahg.


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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