Kerala High Court
Ajas K.A vs Kochi Municipal Corporation on 5 September, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
TUESDAY, THE 5TH DAY OF SEPTEMBER 2023 / 14TH BHADRA, 1945
WP(C) NO. 28834 OF 2023
PETITIONER :
AJAS K.A.,
AGED 30 YEARS, S/O. ASHRAF K.H.,
49/436, 'KALATHIPPARAMBU',
PUTHUKKALAVATTOM, ELAMAKKARA P.O.,
ERNAKULAM, PIN - 682 026
BY ADVS.
DEEPU THANKAN
UMMUL FIDA
LAKSHMI SREEDHAR
LEKSHMI P. NAIR
NAMITHA K.M.
RESPONDENTS :
1 KOCHI MUNICIPAL CORPORATION,
CORPORATION OFFICE, P.B NO. 1016,
KOCHI - 682 011, REPRESENTED BY ITS SECRETARY,
PIN - 682 011
2 THE SECRETARY,
KOCHI MUNICIPAL CORPORATION,
CORPORATION OFFICE, P.B NO. 1016,
KOCHI, PIN - 682 011
3 SUPERINTENDING ENGINEER,
KOCHI MUNICIPAL CORPORATION,
CORPORATION OFFICE, P.B NO. 1016,
KOCHI, PIN - 682 011
BY SRI.JANARDHANA SHENOY, SC, KOCHI MUNICIPAL
CORPORATION
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.09.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 28834 OF 2023
2
BECHU KURIAN THOMAS, J.
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W.P.(C) No.28834 of 2023
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Dated this the 5th day of September, 2023
JUDGMENT
Petitioner is a 'C' class contractor under the Public Works
Department. He claims that large amounts are due to him on the basis of
the contract works done by him for the Corporation. However, those
amounts have not yet been disbursed.
2. The learned Standing Counsel for the Corporation submits that
there is no dispute on the quantum due to the petitioner, but the
amounts are being disbursed based on a priority and the time has not yet
reached to disburse the amounts due to the petitioner under such a
priority.
3. The learned counsel for the petitioner submitted that petitioner's
marriage has been fixed for 22.10.2023 and that his financial condition as
well as his health condition is quite precarious and therefore the amounts
due to them ought to be disbursed. Petitioner is also alleged to have
suffered a Myocardial infarction in October 2022 and is hence unable to
bear the stress of non-receipt of the amounts legally due.
WP(C) NO. 28834 OF 2023
4. Having heard the learned counsel for the petitioner as well as
the learned counsel for the respondents, I am of the view that an
indulgence ought to be shown to the petitioner in the light of his proposed
marriage, scheduled to take place on 22.10.2023. Petitioner's credentials
in completing the works within time, as noticed from the documents
produced also supports his cause. Hence a small portion of the amounts
due to the petitioner ought to be directed to be paid, without reference to
the order of priority.
5. Therefore, there will be a direction to respondents 1 and 2 to
disburse an amount of Rs.10,00,000/- to the petitioner, as expeditiously
as possible, at any rate, on or before 10.10.2023. It is clarified that this
direction is issued, taking note of the peculiar circumstances of the case
and shall not be treated as a precedent for any purpose whatsoever.
The writ petition is disposed of as above.
Sd/-
BECHU KURIAN THOMAS, JUDGE
RKM
WP(C) NO. 28834 OF 2023
APPENDIX OF WP(C) 28834/2023
PETITIONER'S EXHIBITS :
Exhibit P-1 TRUE COPY OF THE REGISTRATION CARD OF THE
PETITIONER ISSUED BY THE EXECUTIVE
ENGINEER, ROAD DIVISION ERNAKULAM DATED
01/04/2022
Exhibit P-2 WORK ORDER ALONG WITH SCHEDULE FOR THE
WORK OF EYE2-11306/2021 - DESILTING OF
VYMELI THODU IN DIV.36 DATED 18/03/2022
Exhibit P-3 WORK ORDER ALONG WITH SCHEDULE FOR THE
WORK OF EYE2-11278/2021 - DESILTING OF
VARIOUS DRAINS IN DIV.36 DATED 18/03/2022
Exhibit P-4 WORK ORDER ALONG WITH SCHEDULE FOR THE
WORK OF EYE2-11305/2021 - DESILTING OF
PARAYAMPILLY THODU IN DIV.36 DATED
18/03/2022
Exhibit P-5 WORK ORDER ALONG WITH SCHEDULE FOR THE
WORK OF EYE2-11355/2021 - JETTING VARIOUS
RAILWAY CULVERTS UNDER RMV ROAD IN DIV.33
DATED 11/04/2022
Exhibit P-6 WORK ORDER ALONG WITH SCHEDULE FOR THE
WORK OF EYE1-11597/2021-RECONSTRUCTION OF
CULVERT AT EDAPPALLY RAGAHVAN PILLA ROAD
NEAR BEST BAKERY IN DIV.NO.38 PWD ROAD
DATED 06/07/2022
Exhibit P-7 WORK ORDER ALONG WITH SCHEDULE FOR THE
WORK OF YE2-11307/2021 - DESILTING OF
PEELIYAD THODU IN DIV.36 DATED 18/03/2022
Exhibit P-8 WORK ORDER ALONG WITH SCHEDULE FOR THE
WORK OF EYE2-7545/2019 - IMPROVEMENTS TO
THE KARTHAMPARAMPU ROAD IN DIV.36 DATED
07/01/2021
WP(C) NO. 28834 OF 2023
Exhibit P-9 WORK ORDER ALONG WITH SCHEDULE FOR THE
WORK OF EYE2-7636/2021 - LAYING TILES AT
BTS ROAD END IN DIV.35 DATED 22/10/2022
Exhibit P-10 WORK ORDER ALONG WITH SCHEDULE FOR THE
WORK OF EYE2-6913/2021- DESILTING OF
VARIOUS DRAINS IN DIV.36 DATED 15/09/2022
Exhibit P-11 WORK ORDER ALONG WITH SCHEDULE FOR THE
WORK OF EYE2-0445/2021-DESILTING OF
VADATHODU IN DIV.36 DATED 22/02/2022
Exhibit P-12 WORK ORDER FOR THE WORK OF EYE2-6914/2021-
IMPROVEMENTS TO MANOLIPARAMBU BYE LANE IN
DIV.36 DATED 29/09/2022
Exhibit P-13 WORK ORDER ALONG WITH SCHEDULE FOR THE
WORK OF EYE1-11356/2021-JETTING VARIOUS NH
ROADS AND SERVICE ROADS OF PIPE AND BOX
CULVERTS IN DIV.NOS.37,38,40,41,43 IN
EDAPALLY ZONE DATED 11/04/2022
Exhibit P-14 TRUE COPY OF THE SLIP TO ACCOMPANY THE
BILLS FOR THE WORK COVERED BY EXHIBIT P-2
DATED 24/01/2023
Exhibit P-15 TRUE COPY OF THE SLIP TO ACCOMPANY THE
BILLS FOR THE WORK COVERED BY EXHIBIT P-3
DATED 24/01/2023
Exhibit P-16 TRUE COPY OF THE SLIP TO ACCOMPANY THE
BILLS FOR THE WORK COVERED BY EXHIBIT P-4
DATED 24/01/2023
Exhibit P-17 TRUE COPY OF THE SLIP TO ACCOMPANY THE
BILLS FOR THE WORK COVERED BY EXHIBIT P-5
DATED 23/12/2022
Exhibit P-18 TRUE COPY OF THE SLIP TO ACCOMPANY THE
BILLS FOR THE WORK COVERED BY EXHIBIT P-6
DATED 28/01/2023
WP(C) NO. 28834 OF 2023
Exhibit P-19 TRUE COPY OF THE SLIP TO ACCOMPANY THE
BILLS FOR THE WORK COVERED BY EXHIBIT P-7
DATED 24/01/2023
Exhibit P-20 TRUE COPY OF THE SLIP TO ACCOMPANY THE
BILLS FOR THE WORK COVERED BY EXHIBIT P-8
DATED 27/01/2023
Exhibit P-21 TRUE COPY OF THE SLIP TO ACCOMPANY THE
BILLS FOR THE WORK COVERED BY EXHIBIT P-9
DATED 16/01/2023
Exhibit P-22 TRUE COPY OF THE SLIP TO ACCOMPANY THE
BILLS FOR THE WORK NAMELY EYE1-6268/2021-
CONSTRUCTION OF CROSS CULVERT AND DRAIN,
INTERLOCKING TILES AT BTS ROAD DIV.39
DATED 28/01/2023
Exhibit P-23 TRUE COPY OF THE SLIP TO ACCOMPANY THE
BILLS FOR THE WORK COVERED BY EXHIBIT P-10
DATED 24/01/2023
Exhibit P-24 TRUE COPY OF THE SLIP TO ACCOMPANY THE
BILLS FOR THE WORK COVERED BY EXHIBIT P-11
DATED 24/01/2023
Exhibit P-25 TRUE COPY OF THE SLIP TO ACCOMPANY THE
BILLS FOR THE WORK COVERED BY EXHIBIT P-12
DATED 27/01/2023
Exhibit P-26 TRUE COPY OF THE SLIP TO ACCOMPANY THE
BILLS FOR THE WORK COVERED BY EXHIBIT P-13
DATED 22/12/2022
Exhibit P-27 TRUE COPY OF THE MEDICAL CERTIFICATE
ISSUED BY THE CONSULTANT INTERVENTIONAL
CARDIOLOGIST AT RENAI MEDICITY HOSPITAL
DATED 14/08/2023
