T.Muhammed Rafeeq vs Perinthalmanna Municipality
2023 Latest Caselaw 2020 Ker

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                    THE HONOURABLE MR.JUSTICE N.NAGARESH
           Friday, the 3rd day of February 2023 / 14th Magha, 1944
                 IA.NO.1/2022 IN WP(C) NO. 30691 OF 2021(J)
PETITIONER/RESPONDENT NOS. 1 TO 3:

  1. PERINTHALMANNA MUNICIPALITY, PERINTHALMANNA 679 322, REPRESENTED BY
     ITS SECRETARY.
  2. THE CHAIRMAN, PERINTHALMANNA MUNICIPALITY, PERINTHALMANNA 679 322.
  3. THE MUNICIPAL ENGINEER, PERINTHALMANNA MUNICIPALITY, PERINTHALMANNA
     679 322,

RESPONDENT/PETITIONER & RESPONDENT NOS. 4 & 5:

  1. T.MUHAMMED RAFEEQ, AGED 47 YEARS S/O. BAPPUTTY MUSLIAR, THOTTASSERY
     HOUSE, ALIPARAMBA, MALAPPURAM 679 357.
  2. DIRECTOR OF URBAN AFFAIRS, SWARAJ BHAVAN, NANDANCODU, KAVADIYAR
     P.O., THIRUVANANTHAPURAM 695 003.
  3. THE SECRETARY TO GOVERNMENT, LOCAL SELF GOVERNMENT DEPARTMENT,
     SECRETARIAT, THIRUVANANTHAPURAM 695 011.

     Application praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to grant least four
months time from today for paying the first installment of 50% amount due
to the writ petition, in the interest of justice.
     This Application coming on for orders upon perusing the application
and the affidavit filed in support thereof, and this Court's judgment
dated 07-07-2022 in WP(C) and upon hearing the arguments
of SHRI.P.C.SASIDHARAN,STANDING COUNSEL for the petitioners in
IA/respondents 1 to 3 in WP(C), SRI. BIJU ABRAHAM, Advocate for respondent
1 in IA/petitioner in WP(C) and of GOVERNMENT PLEADER for respondets 2 &
3 in IA/ respondents 4 & 5 in WP(C), the court passed the following:-



                                                      P.T.O.
                             N.NAGARESH, J.
               ------------------------------------------------
                    W.P.(C).No.30691 of 2021
             -------------------------------------------------
           Dated this the 3rd day of February, 2023


                               ORDER

I.A.No.1 of 2022

By judgment dated 07.07.2022, this Court granted three

months time for respondents 1 to 3 to make payment of 50% of

the amount found due to the petitioner. The balance 50%

amount was directed to be paid within a further period of three

months thereafter.

2. Respondents 1 to 3 in the writ petition have filed this

I.A. seeking for enlargement of time by four months from

12.12.2022.

3. I have gone through the affidavit filed in support of

the I.A. The reason advanced by the petitioners in the I.A. is

that the Municipality is in a fund crunch and due to its poor

financial situation, more time is required. I find that the Bill in W.P.(C).No.30691 of 2021

respect of completion of the work was preferred long ago.

Taking into consideration the facts of the case, I am not

inclined to grant four months time as prayed for by respondents

1 to 3 in the writ petition. The respondents are, however,

granted one month time from today to effect payment.

sd/-

N.NAGARESH, JUDGE hmh

03-02-2023 /True Copy/ Assistant Registrar