P.C.Rasheed And Associates vs State Of Kerala
2021 Latest Caselaw 2438 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM

                              PRESENT

     THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR

   THURSDAY, THE 21ST DAY OF JANUARY 2021 / 1ST MAGHA, 1942

                     WP(C).No.1694 OF 2021(J)

PETITIONER:

               P.C.RASHEED AND ASSOCIATES
               ENGINEERS,ARCHITECTS AND DESIGN CONSULTANTS,OFFICE
               AT FLOOR V,SILVER PLAZA BUILDING,MAVOOR ROAD
               KOZHIKODE DISTRICT,
               PIN-673004,REPRESENTED BY P.C.ABDUL RASHEED,THE
               PROPRIETOR/CHIEF CONSULTANT,AGED 55
               YEARS,S/O.P.C.AHAMMED KUTTY HAJI,RESIDING AT
               PARASSERY,CHELAMPOYIL,RARICHAN ROAD,
               NADAKKAVU.P.O, ERANHIPALAM,
               KOZHIKODE DISTRICT,PIN-673011.

               BY ADVS.
               SRI.P.T.SHEEJISH
               SRI.N.KRISHNA PRASAD

RESPONDENTS:

      1        STATE OF KERALA
               REPRESENTED BY ITS SECRETARY,DEPARTMENT OF URBAN
               AFFAIRS AND WELFARE OF MINORITIES,
               GOVERNMENT SECRETARIAT,
               THIRUVANANTHAPURAM,
               PIN-695001.

      2        THE SECRETARY,
               PATHANAMTHITTA MUNICIPALITY,
               PATHANAMTHITTA DISTRICT,PIN-689645.

      3        THE STANDING COUNSEL,
               PATHANAMTHITTA MUNICIPALITY,
               PATHANAMTHITTA DISTRICT,PIN-689645.

      4        KERAL STATE INDUSTRIAL DEVELOPMENT CORPORATION,
               REPRESENTED BY ITS SECRETARY,
               KOWDIAR,THIRUVANANTHAPURAM,
               PIN-695033.
                                    :2:
W.P(C).No.1694 of 2021


         5        PATHANAMTHITTA MUNICIPALITY,
                  REPRESENTED BY ITS SECRETARY,
                  PATHANAMTHITTA DISTRICT,PIN-689645.

                  BY GOVERNMENT PLEADER SRI.A RAVIKRISHNAN,
                  BY ADV.SRI.GEORGE PACHAYIL, SC

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 21.01.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
                                       :3:
W.P(C).No.1694 of 2021


                                 JUDGMENT

The petitioner has approached this Court impugning Ext.P11

decision of the respondent Municipality that is passed as early as in

2019. On a perusal of the averments in the Writ Petition, it is seen that

the petitioner who is a professional engaged in the preparation of

architectural and structural designs, estimates and products, had

entered into with an agreement with the 2 nd respondent Municipality for

rendering various services. The respondent Municipality, however,

refused to effect payments to the petitioner. The decision of the

Municipality in this regard is contained in Ext.P11 decision.

Although various contentions are raised in the Writ Petition in its

challenge against Ext.P11, I am of the view that inasmuch as the

relationship between the petitioner and the respondent Municipality is

purely contractual, and a resolution of the dispute would require an

adjudication of factual aspects, which cannot be undertaken by this

Court in these proceedings under Article 226 of the Constitution of India,

the petitioner ought to be relegated to his alternate remedy of filing a

suit for recovery of money from the respondent Municipality.

Accordingly, without prejudice to the right of the petitioner to approach

the civil court of competent jurisdiction in its claim against the

respondent Municipality, the Writ Petition in its challenge against

Ext.P11 is dismissed.

Sd/-

A.K.JAYASANKARAN NAMBIAR JUDGE mns/21.01.2021

W.P(C).No.1694 of 2021

APPENDIX

PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE COMMUNICATION DATED 4.12.2009 ADDRESSED THE 2ND RESPONDENT TO THE PETITIONER

EXHIBIT P2 TRUE COPY OF THE AGREEMENT DATED 1/2010-

11 EXECUTED BETWEEN THE PETITIONER AND 2ND RESPONDENT

EXHIBIT P3 TRUE COPY OF THE CHEQUE DATED 16.4.2010 DRAWN ON THE PATHANAMTHITTA DISTRICT CO- OPERATIVE BANK LTD.

EXHIBIT P4 TRUE COPY OF THE GO(RT) NO.4028/2010/TSM DATED 28.5.2010 WAS ISSUED BY THE GOVERNMENT

EXHIBIT P5 TRUE COPY OF THE GOVERNMENT ORDER GO(MS)NO.2482/2011/LSGD DATED 28.10.2011

EXHIBIT P6 TRUE COPY OF THE BILL DATED 14.3.2012 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT

EXHIBIT P7 TRUE COPY OF THE COMMUNICATION DATED 18.4.2012 ISSUED BY THE PETITIONER TO THE 2ND RESPONDENT

EXHIBIT P8 TRUE COPY OF THE REPRESENTATION DATED 27.9.2012 SUBMITTED BY THE PETITIONER ADDRESSING THE MINISTER FOR LOCAL SELF GOVERNMENT DEPARTMENTS

EXHIBIT P9 TRUE COPY OF THE LEGAL NOTICE DATED 24.5.2013 ISSUED BY THE PETTIONER ADDRESSED THE 1ST AND 2ND RESPONDENTS.

EXHIBIT P10 TRUE COPY OF THE JUDGMENT DATED 18.07.2018 IN WP(C)NO.21036/2013

EXHIBIT P11 TRUE COPY OF THE DECISION NO.3 OF THE 3RD RESPONDENT DATED 25.10.2019

EXHIBIT P12 TRUE COPY OF THE JUDGMENT DATED 14.12.2012 IN WP(C)NO.29159/2012

EXHIBIT P13 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND

W.P(C).No.1694 of 2021

RESPONDENT.

RESPONDENTS EXHIBITS:NIL

//TRUE COPY//

P.A TO JUDGE