T.A.Xavier And Sons vs The State Of Kerala
2021 Latest Caselaw 7811 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                 THE HONOURABLE SMT. JUSTICE P.V.ASHA

     FRIDAY, THE 05TH DAY OF MARCH 2021 / 14TH PHALGUNA, 1942

                       WP(C).No.5721 OF 2021(M)


PETITIONER:

               T.A.XAVIER AND SONS,
               ENGINEERS AND CONTRACTORS, 18/1028,
               THAREPARAMBIL HOUSE, PALLURUTHY P.O, KOCHI-682 006,
               REPRESENTED BY ITS MANAGING PARTNER, T.A. XAVIER.

               BY ADVS.
               SRI.K.BABU THOMAS
               SMT.MARYKUTTY BABU

RESPONDENTS:

      1        THE STATE OF KERALA,
               REP. BY THE SECRETARY TO THE GOVERNMENT,
               LOCAL SELF-GOVERNMENT DEPARTMENT, SECRETARIAT,
               THIRUVANANTHAPURAM-695 001.

      2        THE PERINTHALMANNA MUNICIPALITY,
               PERINTHALMANNA, MALAPPURAM DISTRICT,
               REP. BY ITS SECRETARY, PERINTHALMANNA P.O, MALAPPURAM
               DISTRICT-676 322.

      3        THE MUNICIPAL ENGINEER,
               PERINTHALMANNA MUNICIPALITY,
               PERINTHALMANNA P.O,
               MALAPPURAM DISTRICT-676 322.

               BY ADVS. SMT.PRINCY XAVIER, GOVERNMENT PLEADER
                        SRI.P.C.SASIDHARAN, SC

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION              ON
05.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.5721 OF 2021(M)

                                       2




                                JUDGMENT

The petitioner is a Contractor, who

is awarded the work of construction of Bus

Terminal-cum-Shopping Complex for

Perinthalmanna Municipality after executing

Ext.P1 agreement dated 11.01.2016.

2. The complaint of the petitioner is

that payment towards the work already

executed by it, is not made so far. It is

stated that Exts.P3 and P4 part bills were

submitted on 09.11.2020 and 05.01.2021

respectively. Petitioner has submitted Ext.P6

representation before the 2nd respondent,

aggrieved by the delay in payment claiming

that petitioner has carried out 95% of the

work.

As the petitioner has submitted a

representation, Ext.P6 before the

Municipality, this writ petition is disposed WP(C).No.5721 OF 2021(M)

of with a direction to the 2 nd respondent to

consider Ext.P6 representation and to take

appropriate action on the same, within a

period of one month from the date of receipt

of a copy of the judgment.

Sd/-

P.V.ASHA JUDGE WW WP(C).No.5721 OF 2021(M)

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF RELEVANT PORTION OF AGREEMENT.

EXHIBIT P2 TRUE COPY OF RELEVANT PORTION OF SUPPLEMENTAL AGREEMENT INCREASING THE VALUE OF WORK TO RS.34,10,49,110/-

EXHIBIT P3 TRUE COPY OF C.C IV AND PART BILL FOR RS.7,87,61,170/-

EXHIBIT P4 TRUE COPY OF C.C. V AND PART BILL FOR RS.2,49,11,687.67

EXHIBIT P5 TRUE COPY OF CERTIFICATE ISSUED BY STATE BANK OF INDIA.

EXHIBIT P6 TRUE COPY OF REPRESENTATION TO THE 2ND RESPONDENT.