Citation : 2023 Latest Caselaw 1970 Ker
Judgement Date : 3 February, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
FRIDAY, THE 3RD DAY OF FEBRUARY 2023 / 14TH MAGHA, 1944
WP(C) NO. 13399 OF 2022
PETITIONER:
T.S.KURIAKOSE
AGED 50 YEARS
S/O. SACARIA, THEKKETHOTTATHIL HOUSE, MEENANKOLLY,
PULLPALLY, WAYANAD-673579.
BY ADVS.
M.P.ASHOK KUMAR
P.C.GOPINATH
BINDU SREEDHAR
RESPONDENTS:
1 THE DISTRICT COLLECTOR
COLLECTORATE WAYANAD, NORTH KALPETTA P.O., WAYANAD-
673122.
2 SULTHAN BATHERY BLOCK PANCHAYATH,
REPRESENTED BY ITS SECRETARY,
SULTHAN BATHERY, WAYANAD-673592.
3 ASSISTANT ENGINEER,
LSGD SUB DIVISION, SULTHAN BATHERY BLOCK PANCHAYATH,
SULTHAN BATHERY, WAYANAD-673592.
BY ADV N.J.ANTONY
SMT. RASHMI K.M, SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
03.02.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 13399 OF 2022
2
JUDGMENT
This writ petition is filed by the petitioner seeking the
following reliefs;
" i. Direct the respondents to release the final bill amount due to the petitioner in connection with construction of residential houses in Meenangadi Panchayath under the LIFE Mission Scheme of the Government of Kerala forthwith.
ii. Direct the respondents to pay interest at market rate to the petitioner for the delay in the payment of final bill amount in connection with the construction of houses in Meenangadi Panchayath under the LIFE Mission Scheme of Government of Kerala.
iii. Issue a writ of Certiorari or appropriate writ or order quashing Exhibit P7 letter issued by the 1 st respondent."
Today, when the matter is taken up, Smt. Bindu Sreedhar,
representing Advocate M.P. Ashok Kumar, learned counsel for the
petitioner submitted that, the entire amount has been credited to the
petitioner's account and therefore, nothing survives to be adjudicated in
the writ petition. Therefore, the writ petition is disposed of, recording the
above aspects.
Sd/-
SHAJI P.CHALY
LU JUDGE
WP(C) NO. 13399 OF 2022
APPENDIX OF WP(C) 13399/2022
PETITIONER EXHIBITS :
EXHIBIT P1 TRUE COPY OF AGREEMENT NO.53/18-19 DATED
20.6.2018.
EXHIBIT P2 TRUE COPY OF AGREEMENT NO.54/18-19 DATED
20.6.2018.
EXHIBIT P3 TRUE COPY OF THE REPORT DATED 13.5.2019
ADDRESSED TO BDO, BATHERY.
EXHIBIT P4 TRUE COPY OF THE COMPLETION CERTIFICATE
SUBMITTED BY THE OFFICE OF 3RD RESPONDENT. EXHIBIT P5 TRUE COPY OF THE COMPLETION CERTIFICATE SUBMITTED BY THE OFFICE OF 3RD RESPONDENT. EXHIBIT P6 TRUE COPY OF THE LEGAL NOTICE DATED 16.3.2020.
EXHIBIT P7 TRUE COPY OF THE REPLY DATED 26.6.2020 ISSUED BY 1ST RESPONDENT.
EXHIBIT P8 TRUE COPY OF THE ACKNOWLEDGEMENT OF AMOUNT BY BENEFICIARIES ISSUED FROM THE OFFICE OF COMPETENT OFFICERS IN THE PRESCRIBED FORM. EXHIBIT P8(A) RUE COPY OF THE ACKNOWLEDGEMENT OF AMOUNT BY BENEFICIARIES ISSUED FROM THE OFFICE OF COMPETENT OFFICERS IN THE PRESCRIBED FORM.
// True Copy // PA To Judge
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