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2017 Supreme(Ker) 867

DEVAN RAMACHANDRAN
L. Satheek – Appellant
Versus
Principal Secretary to Government, Local Self Government Department – Respondent


Advocates Appeared:
For the Petitioner:K.P. Dandapani, Senior Advocate, Millu Dandapani, Advocate.
For the Respondents: K.P. Harish, Sr. Govt. Pleader, M.K. Chandra Mohan Das, SC.

JUDGMENT :

1. A very peculiar scenario, caused either by deliberate design or because of negligent omission, plagues the petitioner in this case where, in spite of the decision taken in his favour by the Council of Ministers of the Government of Kerala, the Secretary of the concerned department has issued orders reneging the benefits of such decision, thus rejecting certain claims made by the petitioner, which were earlier approved through the said decision of the Council of Ministers. The thrust of the petitioner's contentions against this is hinged on the Rules of Business of the Government of Kerala made by His Excellency Governor in exercise of the powers conferred by Article 166 of the Constitution of India and the petitioner asserts that the order impugned in this writ petition, being contrary to the decision of the Council of Ministers would render it, under the ambit of the Rules, incompetent and void.

2. The petitioner claims to be a Class a contractor under the Public Works Department of the Government of Kerala. He has produced Exhibit P1, which is a licence issued to him in evidence of his assertion that he is a Class a PWD contractor.

3. The petitioner asserts that under























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