Citation : 2023 Latest Caselaw 8456 Ker
Judgement Date : 7 August, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
MONDAY, THE 7TH DAY OF AUGUST 2023 / 16TH SRAVANA, 1945
WP(C) NO. 7681 OF 2023
PETITIONER:
SURENDRAN.M
AGED 61 YEARS
S/O.M.KUNHAMBU, AGED 61 YEARS, RESIDING AT
"NANDANAM", P.O.KOTTAYAM MALABAR,
KANNUR DISTRICT., PIN - 670643
BY ADV R.SURENDRAN
RESPONDENTS:
1 THE SECRETARY, THALASSERY MUNICIPALITY
THALASSERY, KANNUR DISTRICT, PIN - 670101
2 THALASSERY MUNICIPALITY
REPRESENTED BY THE SECRETARY, THALASSERY
MUNICIPALITY, THALASSERY, KANNUR DISTRICT,
PIN - 670101
3 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO THE GOVERNMENT
DEPARTMENT OF URBAN AFFAIRS, SECRETARIAT,
THIRUVANANTHAPURAM-, PIN - 695001
4 THE DIRECTOR OF URBAN AFFAIRS
DIRECTORATE OF URBAN AFFAIRS, PUBLIC OFFICE
BUILDING, MUSEUM P.O, THIRUVANANTHAPURAM,
PIN - 695033
BY ADV SHRI.I.V.PRAMOD, SC, THALASSERY
MUNICIPALITY
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 07.08.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WPC 7681/2023
..2..
JUDGMENT
When this matter was called today, Sri.I.V.Pramod -
learned Standing Counsel for the Thalassery Municipality,
pertinently submitted that the amounts claimed by the
petitioner are conceded; but that his client is unable to honour
the same immediately on account of fiscal constraints. He,
therefore, prayed that sufficient time be granted to his client to
honour the said claim.
Taking note of the afore submissions, I order this writ
petition and direct respondent Nos. 1 and 2 to pay to the
petitioner the entire amount as claimed by him, as expeditiously
as is possible, either in lumpsum or in instalments, but within a
period of four months from the date of receipt of a copy of this
judgment, failing which, it will carry interest at the rate of 8%
p.a. from the time it became due, until it is paid.
In the event the afore payment is made by the
Municipality, I leave liberty to the petitioner to seek interest
through appropriate Forums; for which purpose, all contentions
are left open.
Sd/-
DEVAN RAMACHANDRAN, JUDGE ACR WPC 7681/2023 ..3..
APPENDIX OF WP(C) 7681/2023
PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE ORDER NO.A4-
14073/2022 DATED 29-6-2022, ISSUED BY THE 1ST RESPONDENT Exhibit P2 A TRUE COPY OF THE JUDGEMENT DATED 12-
2-2018 IN W.P.(C).NO.2577 OF 2018
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