T. Muhammed Rafeeq vs Perinthalmanna Municipality
2022 Latest Caselaw 9314 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
           THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
    WEDNESDAY, THE 10TH DAY OF AUGUST 2022 / 19TH SRAVANA, 1944
                       WP(C) NO. 30856 OF 2021
PETITIONERS:

          T. MUHAMMED RAFEEQ,
          AGED 47 YEARS,
          S/O BAPPUTTY MUSLIAR,
          THOTTASSERY HOUSE,
          ALIPARAMBA,
          MALAPPURAM-679357.

          BY ADV BIJU ABRAHAM


RESPONDENTS:

    1     PERINTHALMANNA MUNICIPALITY,
          PERINTHALMANNA - 679322, REPRESENTED BY ITS SECRETARY.

    2     THE CHAIRMAN,
          PERINTHALMANNA MUNICIPALITY,
          PERINTHALMANNA-679322.

    3     THE MUNICIPAL ENGINEER,
          PERINTHALMANNA MUNICIPALITY,
          PERINTHALMANNA-679 322.

    4     DIRECTOR OF URBAN AFFAIRS,
          SWARAJ BHAVAN, NANDANCODU, KAVADIYAR P O,
          THIRUVANANTHAPURAM-695003.

    5     THE SECRETARY TO GOVERNMENT,
          LOCAL SELF GOVERNMENT DEPARTMENT,
          SECRETARIAT, THIRUVANANTHAPURAM-695011.

          BY ADV
          SMT.DEEPA NARAYANAN, SR. GP
          SRI.P.C.SASIDHARAN, SC, PERINTHALMANNA MUNICIPALITY



     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
10.08.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 30856 OF 2021            -2-



                                JUDGMENT

Above writ petition is filed with the following

prayers:

"A) A writ of mandamus or any other appropriate writ order or direction commanding the respondents to pay the money due to the petitioner under Exhibit P1, P4, P8, P11, P13 and P14 with reasonable interest from the date of final bill till payment by directing the respondents to pay the said amount within a time fixed by this Hon'ble Court.

B) A writ of mandamus or any other appropriate writ order or direction commanding the respondents 4 & 5 not to release any further funds to the 1st respondent till they clear the dues of the petitioner under Exhibit P1, P4, P8, P11, P13 and P14 contract.

C) Any other appropriate writ order or direction as this Hon'ble Court deem fit and proper on the facts and in the circumstance of the case and allow this Writ Petition with cost, for the ends of justice."

2. The writ petition is filed for commanding the

respondents to pay the money due to the petitioner with

interest as per Exts.P1, P4, P8, P11, P13 and P14 from

the date of final bill till payment. When this writ petition

came up for consideration learned Standing counsel for

the Municipality submitted that because of financial

difficulty the Municipality is not able to pay the amount.

Learned counsel for the petitioner takes me through a

judgment dated 07.07.2022 in W.P.(C) No.5621/2022 in

which certain directions are issued by this Court. This

Court granted instalment facilities to the Municipality to

pay the amount due to the contractor. After hearing

both sides I think the same directions can be issued in

this case also.

Therefore, this writ petition is disposed of directing

the respondents to pay 50% of the amount due to the

petitioner within a period of three months and the

balance 50% within a further period of three months.

Issue of payment of interest is left open.

Sd/-

P.V.KUNHIKRISHNAN JUDGE vv

APPENDIX OF WP(C) 30856/2021

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF THE CONTRACT CERTIFICATE IN RESPECT OF AGREEMENT NO.126/19-20 DATED 04.03.2020.

Exhibit P2 A TRUE COPY OF THE REQUEST MADE BY THE PETITIONER TO THE 3RD RESPONDENT IN CONNECTION WITH THE CULVERT WORK DATED 17.12.2020.

Exhibit P3 A TRUE COPY OF THE REMINDER DATED 15.03.2021 GIVEN BY THE PETITIONER TO THE 3RD RESPONDENT.

Exhibit P4 A TRUE COPY OF THE CONTRACT CERTIFICATE IN RESPECT OF AGREEMENT NO.43A-19-2020 DATED 31.10.2019.

Exhibit P5 A TRUE COPY OF THE REQUEST MADE BY THE PETITIONER TO THE 3RD RESPONDENT IN CONNECTION WITH THE CULVERT WORK DATED 30.11.2020.

Exhibit P6 A TRUE COPY OF THE REMINDER DATED 06.04.2021 GIVEN BY THE PETITIONER TO THE 3RD RESPONDENT.

Exhibit P7 A TRUE COPY OF THE DEMAND NOTICE SENT BY THE PETITIONER TO THE RESPONDENTS DATED 05.11.2021.

Exhibit P8 A TRUE COPY OF THE CONTRACT CERTIFICATE IN RESPECT OF AGREEMENT NO.121/20-21 DATED 11.09.2020.

Exhibit P9 A TRUE COPY OF THE REQUEST MADE BY THE PETITIONER TO THE 3RD RESPONDENT IN CONNECTION WITH THE PONNIYAKURISHI AUTO-STAND WORK DATED 10.05.2021.

Exhibit P10 A TRUE COPY OF THE DEMAND NOTICE SENT BY THE PETITIONER TO THE RESPONDENTS DATED 5.11.2021.

Exhibit P11 A TRUE COPY OF THE CONTRACT CERTIFICATE IN RESPECT OF AGREEMENT NO.76/19-20 DATED 05.12.2019.

Exhibit P12 A TRUE COPY OF THE REQUEST MADE BY THE PETITIONER TO THE 3RD RESPONDENT IN CONNECTION WITH THE WORK DATED 17.11.2020.

Exhibit P13 A TRUE COPY OF THE CONTRACT CERTIFICATE IN RESPECT OF AGREEMENT NO.225/20-21 DATED 04.11.2020.

Exhibit P14 A TRUE COPY OF THE CONTRACT CERTIFICATE IN RESPECT OF AGREEMENT NO.135/20-21 DATED 11.09.2020.

Exhibit P15 A TRUE COPY OF THE DEMAND NOTICE SENT BY THE PETITIONER TO THE RESPONDENTS DATED 06.10.2021.