Kerala High Court
Jiji M.Joseph vs The Changanacherry Municipality on 16 September, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 16TH DAY OF SEPTEMBER 2021 / 25TH BHADRA, 1943
WP(C) NO. 7495 OF 2021
PETITIONER:
JIJI M.JOSEPH
AGED 47 YEARS
S/O.LATE V.T.JOSEPH, VESHAL VALIYAPARAMBIL HOUSE,
THRIKKODITHANAM P.O., CHANGANACHERRY, KOTTAYAM
DISTRICT-686 105.
BY ADV BINOY VASUDEVAN
RESPONDENTS:
1 THE CHANGANACHERRY MUNICIPALITY
REPRESENTED BY ITS SECRETARY, MUNICIPAL OFFICE,
CHANGANACHERRY P.O., KOTTAYAM DISTRICT-686 101.
2 THE SECRETARY, CHANGANACHERRY MUNICIPALITY,
MUNICIPAL OFFICE, CHANGANACHERRY P.O., KOTTAYAM
DISTRICT-686 101.
3 THE COUNCIL OF THE CHANGANACHERRY MUNICIPALITY,
REPRESENTED BY ITS CHAIRMAN, MUNICIPAL OFFICE,
CHANGANACHERRY P.O., KOTTAYAM DISTRICT-686 101.
BY ADV SHRI.M.P.MADHAVANKUTTY, SC, CHANGANACHERRY
MUNICIPALITY
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
16.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO.7495/2021
2
P.V.KUNHIKRISHNAN, J
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W.P.(C)No.7495 of 2021
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Dated this the 16th day of September 2021
JUDGMENT
The above writ petition is filed with
following prayers:
"i. Issue a writ of Mandamus or other
appropriate Writ, Orders or directions
commanding the respondents to release the bill
due to the petitioner pursuant to Exhibit P-1
agreement with statutory interest as
expeditiously as possible at any rate within a
time frame to be fixed by this Hon'ble Court
in the interest of justice.
ii. Issue a writ to declare that the
delay in payment of the bill amount without
any satisfactory explanation is per se
illegal, irregular and arbitrary.
iii. Render such other orders or
directions as this Hon'ble Court may deem
just, fit and necessary in the facts and
circumstances of the case."
2. The petitioner is a 'C' class contractor.
According to the petitioner, he completed the work
as per Ext.P1 agreement. The grievance of the
petitioner is that the amount payable to him is
WP(C) NO.7495/2021
not disbursed by the respondents 1 and 2.
3. Heard the learned counsel for the
petitioner and the learned Standing counsel
appearing for the respondents 1 and 2.
4. The learned counsel for the petitioner
takes me through Ext.R2(a) minutes of the council,
in which it is stated that, after conducting a
valuation of the work, the amount can be paid.
The learned counsel submitted that this minutes is
dated 29.03.2021. Even now, there is no further
action after Ext.R2(a).
5. The learned Standing counsel submitted
that appropriate steps will be taken in consequent
to Ext.R2(a).
6. After hearing both sides, I think there
can be a direction to the respondents 1 and 2 to
do the needful in consequent to Ext.R2(a) within a
time frame.
Therefore, this writ petition is disposed in
the following manner:
i) The respondents 1 and 2 will conduct the
WP(C) NO.7495/2021
valuation if necessary as decided in Ext.R2(a) as
expeditiously as possible, at any rate, within
three weeks from the date of receipt of a copy of
this judgment.
ii) Based on the valuation, the respondents 1
and 2 will disburse the amount due to the
petitioner within three weeks thereafter.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
DM
WP(C) NO.7495/2021
APPENDIX OF WP(C) 7495/2021
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE AGREEMENT EXECUTED BY
THE PETITIONER WITH THE 1ST RESPONDENT
MUNICIPALITY ON 03.01.2020.
EXHIBIT P2 TRUE COPY OF THE CERTIFICATE ISSUED BY
THE MONITORING COMMITTEE.
EXHIBIT P3 TRUE COPY OF THE LETTER DATED
20.10.2020 SENT BY ADVOCATE P.A.NAZEER
MEMBER OF WARD NO.13 ADDRESSED TO THE
2ND RESPONDENT.
EXHIBIT P4 TRUE COPY OF THE REPRESENTATION
SUBMITTED BY THE PETITIONER DATED
10.02.2021 BEFORE THE CHAIRMAN, VICE
CHAIRMAN AND STANDING COMMITTEE FOR
PUBLIC WORKS.
RESPONDENTS EXHIBITS : NIL
//TRUE COPY//
PA TO JUDGE
