Kerala High Court
Biju Antony vs Cochin Corporation on 21 December, 2023
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
WP(C) No.33009/2023 1/5 Order Date : 21-12-2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
Thursday, the 21st day of December 2023 / 30th Agrahayana, 1945
WP(C) NO. 33009 OF 2023
PETITIONER:
BIJU ANTONY, AGED 48 YEARS, S/O K.V. ANTONY, KAKKERIYIL HOUSE, P.O.
MUNDAMVELI, MUNDAMVELI DESAM, PALLURUTHY VILLAGE, ERNAKULAM
DISTRICT, PIN - 682507
RESPONDENTS:
1. COCHIN CORPORATION, PARK AVENUE, ERNAKULAM DISTRICT, KOCHI,
REPRESENTED THROUGH ITS SECRETARY, PIN - 682011
2. THE SECRETARY, COCHIN CORPORATION, PARK AVENUE, ERNAKULAM DISTRICT,
KOCHI, PIN - 682011
Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to disburse 50% of the total amount of the work bills mentioned
as Exhibit P4(a) to P4(j) to the Petitioner, till the disposal of this
writ petition in the interest of justice equity and good conscience.
This petition again coming on for orders upon perusing the petition
and the affidavit filed in support of WP(C) and this Court's order dated
09.10.2023, upon hearing the arguments of M/S P.G.SURESH & ASWATHY
KRISHNAN, Advocates for the petitioner, SRI. D.G.VIPIN, Advocate for the
respondents, the court passed the following:
WP(C) No.33009/2023 2/5 Order Date : 21-12-2023
BECHU KURIAN THOMAS, J.
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W.P.(C) No.33009 of 2023
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Dated this the 21st day of December, 2023
ORDER
Petitioner claims to have carried out a contract
work on behalf of the Kochi Corporation. The works
were completed in 2022 and he had submitted various
bills totalling to the tune of Rs.1,59,00,000/-. The bills
are not disputed; however, the Corporation is abiding
by the priority fixed by this Court in the judgment in
W.P.(C)No. 23626 of 2020. In the said judgment, the
learned Single Judge of this Court directed payment of
amounts under bills of the contractor only on the basis
of the priority fixed by the Corporation. However, a
small window was kept open to make payments in
exceptional circumstances.
2. Sri.P.G.Suresh, the learned counsel for the
petitioner, vehemently argued that the petitioner has
already spent more than Rs.1.5 crores/- for the
contract works and he has not been paid a single
rupee. It was submitted that the educational needs of
his daughter are not able to be met. In support of the
WP(C) No.33009/2023 3/5 Order Date : 21-12-2023
said contention, petitioner produced the expenditure
certificate by the Medical Institute and pointed out that
he had to take loans from private financiers and is now
not in a position to even cater to the interests due on
such loans.
3. The learned Standing Counsel for the
Corporation, on the other hand, submitted that if the
priority fixed by this Court is interfered with, the same
will prejudice the repayment schedule being made and
also that as on date payments up to 31-03-2021 alone
have been able to be repaid and that steps are being
taken to repay the contractors as much as possible.
4. The total amount claimed by the petitioner
from the Corporation is more than Rs.1,59,00,000/-.
Petitioner's daughter's educational expenses for the first
year, as evident from Ext. P2 has come to
Rs.19,50,000/-. Taking note of the aforesaid
circumstances,this Court is of the opinion that a minor
percentage of the bill amount equivalent to the fee
payable for the first year for the petitioner's daughter
can be directed to be paid as an exceptional
circumstance, requiring deviation from the priority. The
WP(C) No.33009/2023 4/5 Order Date : 21-12-2023
huge amounts spent by the petitioner for the contract
works and urgency to cater to needs to his daughter's
education and other peculiar circumstances in the case
calls for an exceptional treatment to be provided to the
petitioner.
5. Therefore, there will be a direction to the
respondent Corporation to make a payment of
Rs.20,00,000/- to the petitioner as an exceptional
circumstance in deviation from the priority prepared.
The payment shall be paid at the earliest without
unnecessary delay, at any rate, within an outer period
of one month from today.
BECHU KURIAN THOMAS
JUDGE
AJM/21/12/23
WP(C) No.33009/2023 5/5 Order Date : 21-12-2023
APPENDIX OF WP(C) 33009/2023
Exhibit P4(a) THE TRUE COPY OF THE BILL FOR AN AMOUNT OF
RS.25,38,749/= WITH COMPLETION DATE 15.07.2023
Exhibit P4(b) THE TRUE COPY OF THE BILL FOR AN AMOUNT OF
RS.23,84,245/= WITH COMPLETION DATE 19.07.2023
Exhibit P4(c) THE TRUE COPY OF THE BILL FOR AN AMOUNT OF
RS.9,56,680/= WITH COMPLETION DATE 10.07.2023
Exhibit P4(d) THE TRUE COPY OF THE BILL FOR AN AMOUNT OF
RS.6,87,992/= WITH COMPLETION DATE 12.04.2023
Exhibit P4(e) THE TRUE COPY OF THE BILL FOR AN AMOUNT OF RS.12,35,
584/= WITH COMPLETION DATE 28.03.2023
Exhibit P4(f) THE TRUE COPY OF THE BILL FOR AN AMOUNT OF RS.7,63798/=
WITH COMPLETION DATE 22.04.2023
Exhibit P4(g) THE TRUE COPY OF THE BILL FOR AN AMOUNT OF
RS.15,45,274/= WITH COMPLETION DATE 07.03.2023
Exhibit P4(h) THE TRUE COPY OF THE BILL FOR AN AMOUNT OF
RS.19,57,213/= WITH COMPLETION DATE 12.04.2022
Exhibit P4(i) THE TRUE COPY OF THE BILL FOR AN AMOUNT OF
RS.16,18,858/= WITH COMPLETION DATE 20.05.2022
Exhibit P4(j) THE TRUE COPY OF THE BILL FOR AN AMOUNT OF
RS.22,73,868/= WITH COMPLETION DATE 31.04.2022
