MYBUS UNITED SERVICE LLP Vs. STATE OF KERALA

JUDGEMENT

(1.) The above writ petition is filed with following prayers:

(2.) The petitioner is the successful bidder for the tender of collecting fees from private bus operators using the services of Mundakkayam Grama Panchayat Bus stand for the financial year 2020-21 and made advance payment of 1st Installment of Rs.1,52,000.00. Due to national lockdown and subsequent restrictions, it is the case of the petitioner that, the collections were badly affected even before 1/4/2020. Hence the petitioner submitted Ext P1 request to the 4th respondent for remission of the fees as per The Kerala Panchayat Raj (Granting of remission to contractors and lessees) Rules 1998 for the period 2020-21. The Panchayat council vide Ext P2 decided to allow a remission of Rs.72,210.00 for the period 1/4/2020 to 31/7/2020 and sent the same for approval from the 1st respondent as per the rules. It is the case of the petitioner that the approval is awaited. Thereafter the petitioner was served with Ext P4 demanding the entire contract amount within 15 days without considering the pendency of approval from the 1st respondent. The petitioner's request to await the approval was not considered. The petitioner submitted Ext.P7 request for considering remission for the omitted period is also pending. Hence, this writ petition is filed.

(3.) Heard the counsel for the petitioner and the Standing Counsel appearing for the Panchayat. I also heard the Government Pleader.