Kerala High Court
P.Vijayakumar vs Corporation Of Kochi on 6 January, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 06TH DAY OF JANUARY 2021/16TH POUSHA, 1942
WP(C).No.16540 OF 2020(N)
PETITIONER:
P.VIJAYAKUMAR, S/O. RAMANKUTTY KAIMAL,
AGED 58 YEARS, METHAYIL HOUSE,
EDAPPILLY NORTH, ERNAKULAM-682 024.
BY ADVS.
SRI.AADITHYAN S.MANNALI
SRI.SAJAN MANNALI
RESPONDENTS:
1 CORPORATION OF KOCHI,
C/O. OFFICE OF CORPORATION OF KOCHI,
PARK AVENUE ROAD, BOAT JETTY,KOCHI,
PIN-682 011, REP BY ITS SECRETARY.
2 SECRETARY, CORPORATION OF KOCHI,
C/O. OFFICE OF CORPORATION OF KOCHI,
PARK AVENUE ROAD, BOAT JETTY,
KOCHI, PIN-682 011.
R1-R2 BY SMT.SAREENA GEORGE,SC,COCHIN CORPORATION
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
06.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C)No.16540/2020
2
JUDGMENT
Dated this the 6th day of January, 2021
The writ petition has been filed by a Contractor who
has undertaken work on behalf of Corporation of Kochi,
seeking to quash Ext.P6 and to direct the respondents to
pay an amount of `10,54,478/- to the petitioner.
2. The fact that the petitioner has successfully
completed the work is not in dispute. The case of the 1 st
respondent is that the 1st respondent is facing financial
crunch and amounts can be released only in accordance
with seniority in claims. The Corporation has already drawn
a seniority list of Contractors to whom the amounts are due,
taking into account the date of completion of work. Bills
have already been paid by the Corporation, for the works
completed by 31.08.2017. The petitioner will be paid
amounts due on the basis of his seniority.
WP(C)No.16540/2020
3. When this writ petition came up for admission,
this Court took into account the submission of the petitioner
that his daughter's marriage is due on 06.09.2020.
Accordingly, this Court by way of interim order dated
14.08.2020 directed the respondents to release the first and
second bills presented by the petitioner within two weeks.
The learned counsel for the 1st respondent would submit
that the first bill for `1,37,535/- and the second bill
amounting to `3,96,650/- was paid to the petitioner on
03.09.2020 pursuant to the interim order of this Court.
4. Again when this writ petition came up for hearing
on 19.10.2020, the respondents were directed to release
the third bill submitted by the petitioner for an amount of
`1,33,135/-. The said amount has also been paid. Now the
petitioner contends that the petitioner's wife Mrs. Geetha
M.P is suffering from Guillian barre syndrome which is an
acute demyelinating disease and is undergoing treatment
and the petitioner requires substantial amount for the
WP(C)No.16540/2020
treatment of his wife. Therefore a further direction may be
given to the 1st respondent to honour the fourth and fifth bill
of the petitioner or atleast a portion of the amount may be
released.
5. I have heard the learned counsel for the
petitioner and the learned Standing Counsel for the
respondents.
6. The petitioner has already been paid a
substantial amount of the outstanding as per the interim
directions of this Court. The stand of the Corporation of
Kochi is that they have to honour the seniority list of the
Contractors drawn on the basis of completion of work for
making payment. In the circumstances, this Court finds that
the petitioner can raise a legal grievance only if the seniority
list is overlooked in making payment. Therefore no further
relief can be granted by this Court in this writ petition.
7. However taking into account the medical
emergency pointed out by the petitioner evidenced by
WP(C)No.16540/2020
Ext.P7 Medical Certificate, this Court is of the view that the
petitioner may approach respondents 1 and 2 who may
consider the situation faced by the petitioner and grant
appropriate relief to the petitioner, as is permissible.
The writ petition is disposed of as above.
Sd/-
N. NAGARESH
JUDGE
ncd
WP(C)No.16540/2020
APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 A TRUE COPY OF THE INVITATION CARD
RELATING OT THE PETITIONERS
DAUGHTERS MARRIAGE
EXHIBIT P2 A TRUE COPY OF THE CERTIFICATE
OBTAINED FROM COCHIN MUNICIPAL
CORPORATION DATED 22.6.2020
EXHIBIT P3 THE REPRESENTATION FILED BY THE
PETITIONER TO CORPORATION OF KOCHI,
DATED 202 MARKED AS EXT P3
EXHIBIT P4 THE REPRESENTATION TO CORPORATION OF
KOCHI BY COCHIN MUNICIPAL
CORPORATION CONTRACTORS ASSOCIATION
DATED 24.6.2020 MARKED AS EXT P4
EXHIBIT P5 A TRUE COPY OF THE JUDGMENT IN W.P.C
13626/2020 DATED 7TH JULY 2020
EXHIBIT P6 A TRUE COPY OF THE ORDER OF THE 2ND
RESPONDENT DATED 05.08.2020 AFTER
CONSIDERING EXT 3 REPRESENTATION
EXHIBIT P7 A TRUE COPY OF DISCHARGE SUMMARY AND
INVOICE OF THE PETITIONER'S WIFE
DATED 09/12/2020
