V.X. Chellappan vs Cochin Corporation
2021 Latest Caselaw 336 Ker

         IN THE HIGH COURT OF KERALA AT ERNAKULAM

                           PRESENT

      THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

 WEDNESDAY, THE 06TH DAY OF JANUARY 2021 / 16TH POUSHA,
                          1942

                  WP(C).No.13993 OF 2020(Y)


PETITIONER:

              V.X. CHELLAPPAN, AGED 60 YEARS, S/O.XAVIER,
              CONTRACTOR, VALIYATHARA HOUSE, PANDIKUDY,
              KOCHI-2.

              BY ADVS.
              SRI.BABU JOSEPH KURUVATHAZHA
              SMT.K.S.ARCHANA

RESPONDENTS:

     1        COCHIN CORPORATION, KOCHI-682 011, REPRESENTED
              BY ITS SECRETARY.

     2        COCHIN CORPORATION COUNCIL, OFFICE OF THE
              COCHIN CORPORATION, KOCHI-682 011, REPRESENTED
              BY ITS MAYOR.

     3        CORPORATION ENGINEER, COCHIN CORPORATION,
              KOCHI-682 011.

              R1 BY SRI.JIBU P.THOMAS,SC,COCHIN CORPORATION
              ADV. K.B. DAYAL
              ADV. S. SUDHEESH KUMAR

     THIS WRIT PETITION (CIVIL) HAVING COME UP              FOR
ADMISSION ON 06.01.2021, THE COURT ON THE SAME              DAY
DELIVERED THE FOLLOWING:
 WP(C).No.13993 OF 2020(Y)

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                            JUDGMENT

Dated this the 6th day of January 2021

The petitioner approached this court seeking disbursal of

the bills due to him for the contract works undertaken by him.

2. In the Counter affidavit filed by the Corporation, it is

stated that pursuant to the direction of this Court in W.P.(C)No.

27119/2008, the bill of the contractors were released based on

the seniority list. It is submitted that strictly following the

seniority, the petitioner's bill will be honored in accordance with

law. The said submission is recorded.

3. It is made clear that the Corporation shall not

overlook the seniority for the disbursal of the bills and the

petitioner's bills shall be honored in accordance with the

seniority.

4. It is submitted by the learned counsel for the WP(C).No.13993 OF 2020(Y)

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petitioner that the petitioner completed his work three years

back and the Corporation is denying the matter stating that they

are following the seniority list.

5. Having considered the plea as above, this Court is of

the view that the Corporation shall consider the matter seriously

and address the issue relating to the payment to the contractors.

They shall take a decision as to in what manner the contractors

bill can be settled at the earliest. Such a decision shall be taken

by the Corporation, within a period of two months.

This writ petition is disposed of as above.

Sd/-

A.MUHAMED MUSTAQUE

JUDGE

PR WP(C).No.13993 OF 2020(Y)

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APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE COMPLETION REPORT OF THE LAST WEEK, SIGNED BY THE 3RD RESPONDENT.

EXHIBIT P2 TRUE COPY OF THE TREATMENT CERTIFICATE OF THE PETITIONER ISSUED FROM THE SPECIALISTS HOSPITAL, ERNAKULAM, DETAILING THE TREATMENT BEING UNDERGONE BY THE PETITIONER.

EXHIBIT P3 TRUE COPY OF THE REPRESENTATION DATED 10.9.2019 SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENTS.

EXHIBIT P4 TRUE COPY OF THE REPRESENTATION DATED 20.1.2020 SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENTS 1 AND 3.

EXHIBIT P5 TRUE COPY OF THE REPRESENTATION DATED 18.5.2020 SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENTS 1 AND 3.