Naranipuzhakummipalam Kole ... vs The State Of Kerala
2021 Latest Caselaw 7677 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                 THE HONOURABLE SMT. JUSTICE P.V.ASHA

    THURSDAY, THE 04TH DAY OF MARCH 2021 / 13TH PHALGUNA, 1942

                       WP(C).No.5656 OF 2021(F)


PETITIONER:

               NARANIPUZHAKUMMIPALAM KOLE CULTIVATORS CO-OPERATIVE
               SOCIETY LTD. M.314,
               P.O.ERAMANGALAM, MALAPPURAM-679587,
               REPRESENTED BY THE PRESIDENT C.K.PRABHAKARAN,
               AGED 56 YEARS, S/O.KUNJUMON, ERAMANGALAM P.O.,
               MALAPPURAM-679587.

               BY ADVS.
               SRI.RAJIT
               SMT.LEKSHMI P. NAIR

RESPONDENTS:

      1        THE STATE OF KERALA,
               REPRESENTED BY THE SECRETARY,
               DEPARTMENT OF AGRICULTURE, GOVT. SECRETARIAT,
               THIRUVANANTHAPURAM-695 001.

      2        THE CONSTRUCTION ENGINEER,
               KLDC- KERALA LAND DEVELOPMENT CORPORATION,
               PALACE ROAD, CHEMBUKKAV, THRISSUR-680 020.

               BY ADVS. SMT.VINITHA.B, GOVERNMENT PLEADER
                        SRI.BAIJURAJ.G, SC

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION              ON
04.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.5656 OF 2021(F)

                                           2

                                 JUDGMENT

The petitioner Society had undertaken

the repair works to the outer bunds of

Naranipuzha, on the basis of an agreement

executed in the year 2000. However, the

petitioner got payment of a sum of

Rs.8,33,071.62 after a series of writ

petitions and Exts.P1 to P3 judgments in the

year 2019 only. Petitioner claims that the

entire amount due towards the work carried

out is not yet paid. The petitioner also

raises dispute regarding the measurement

value and claims interest as well as

expenses. Raising all these claims,

petitioner has approached the 2nd respondent

with Ext.P4 representation.

2. The learned counsel for the

petitioner submits that the petitioner would

be satisfied with a direction to the 2nd

respondent to consider the said WP(C).No.5656 OF 2021(F)

representation.

3. Sri.Baiju Raj, the learned Standing

Counsel though submitted that the entire

payment is made, as the petitioner's claim is

only to consider Ext.P4 representation, it is

stated that the said representation will be

considered.

Accordingly the writ petition is

disposed of with a direction to the 2nd

respondent to consider and pass orders on

Ext.P4 representation, within a period of two

months, from the date of receipt of a copy of

the judgment.

Sd/-

P.V.ASHA JUDGE WW WP(C).No.5656 OF 2021(F)

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 A TRUE COPY OF THE JUDGMENT DATED 25.09.2012 IN WPC 4597/2011 OF THE HON'BLE HIGH COURT OF KERALA.

EXHIBIT P2 A TRUE COPY OF THE JUDGMENT DATED 28.09.2015 IN WPC 32273/2014 OF THE HON'BLE HIGH COURT OF KERALA.

EXHIBIT P3 A TRUE COPY OF THE JUDGMENT DATED 16.08.2019 IN WPC NO.22239 OF 2019 OF THE HON'BLE HIGH COURT OF KERALA.

EXHIBIT P4 A TRUE COPY OF REPRESENTATION DATED 11.12.2020 TO THE 2ND RESPONDENT.