Abdul Russak vs Chalakkudy Municipality
2022 Latest Caselaw 8860 Ker

WP(C) NO. 6873 OF 2012                    1



                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                        PRESENT
             THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
     THURSDAY, THE 7TH DAY OF JULY 2022 / 16TH ASHADHA, 1944
                               WP(C) NO. 6873 OF 2012
PETITIONER/S:

              ABDUL RUSSAK
              AGED 50 YEARS
              ELECTRO-TECH INDUSTRIES, INDUSTRIAL ESTATE, SOUTH
              KALAMASSERY.

              BY ADVS.
              SRI.ASP.KURUP
              SRI.SADCHITH.P.KURUP



RESPONDENT/S:

      1       CHALAKKUDY MUNICIPALITY
              MUNICIPAL OFFICE, CHALAKKUDY, REP.BY ITS SECRETARY.

      2       THE SECRETARY
              CHALAKKUDY MUNICIPALITY, MUNICIPAL OFFICE,
              CHALAKKUDY.

              BY ADVS.
              SRI.M.P.ASHOK KUMAR
              SRI.S.A.ABDUL SALEEM
              SRI.M.R.DHANIL




       THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   07.07.2022,         THE    COURT    ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO. 6873 OF 2012                2




                        P.V.KUNHIKRISHNAN, J
                  --------------------------------------------
                       W.P.(C) No.6873 of 2012
                     --------------------------------------
                 Dated this the 7th day of July, 2022


                                JUDGMENT

The above writ petition is filed with following prayers :

A) Issue a writ of mandamus or any other appropriate writ, order or direction commanding the 1 st and 2nd respondents to make payment of Rs.64,575.50 to the petitioner since this is the amount remaining unpaid to the petitioner for which the goods have already been supplied and the same used by the respondents. B) Grant such other reliefs which are deemed fit and proper in the facts and circumstances of the case." [SIC]

2. The main grievance of the petitioner is that the

respondent-Municipality is not paying the amount due to the

petitioner for the goods supplied. This writ petition is pending

before this Court from 2012 onwards. If there is any amount

due as on today to the petitioner, the petitioner is free to

submit a representation to the respondent-Municipality and

there can be a direction to the respondent-Municipality to

consider the same and take appropriate action in accordance

to law.

Therefore, this writ petition is disposed of with the

following directions :

1) The petitioner is free to submit a representation

narrating the grievance if any before the 2 nd respondent

within four weeks from the date of receipt of a copy of

this judgment.

2) Once such a representation is received, the 2 nd

respondent will consider the same and pass appropriate

orders after giving an opportunity of hearing to the

petitioner.

SD/-

P.V.KUNHIKRISHNAN JUDGE SKS

APPENDIX

PETITIONER'S EXHIBITS :

EXT.P1 TRUE COPY OF SUPPLY ORDER NO.E1-7307/07 DT.26.9.07 ISSUED BY 2ND RESPONDENT TO PETITIONER

EXT.P2 TRUE COPY OF THE LETTER DATED 13.12.2011 ISSUED BY PETITIONER TO THE SECONDR RESPONDENT

RESPONDENT'S EXHIBITS : NIL