Kerala High Court

Sudarsanam Trading Link vs Subair Palathinkal on 5 April, 2024

Author: P.V.Kunhikrishnan

Bench: P.V.Kunhikrishnan

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
        THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
   FRIDAY, THE 5TH DAY OF APRIL 2024 / 16TH CHAITHRA, 1946
                CON.CASE(C) NO. 1918 OF 2022
AGAINST THE JUDGMENT WP(C) 22197/2012 OF HIGH COURT OF KERALA
PETITIONER:
          SUDARSANAM TRADING LINK
          REPRESENTED BY ITS PROPRIETRIX
          SUCHITHRA R. BABU, AGED 56 YEARS,
          W/O V RAJENDRA BABU, C-G 198,
          CHERUKARA GARDEN, POOJAPPURA,
          THIRUVANANTHAPURAM PIN 695012
          BY ADV MANOJ P.KUNJACHAN
RESPONDENTS:
    1     SUBAIR PALATHINKAL,
          (FATHER'S NAME AND AGE NOT KNOWN TO THE
          PETITIONER) GENERAL MANAGER,
          KERALA SMALL INDUSTRIES DEVELOPMENT CORPORATION,
          MARKETING DIVISION, KADAVANTHRA, KOCHI,
          ERNAKULAM, PIN - 682020
    2     FAZIL E T,
          (FATHER'S NAME AND AGE NOT KNOWN TO THE
          PETITIONER), SPECIAL OFFICER,
          SIDCO MARKETING CENTER, INDUSTRIAL ESTATE,
          MANJERI, MALAPPURAM 676121, PIN - 676121
    3     ABDUL RASHEED,
          (FATHER'S NAME AND AGE NOT KNOWN TO THE
          PETITIONER), SECRETARY,
          DISTRICT PANCHAYATH MALAPPURAM,
          DISTRICT PANCHAYATH OFFICE, MALAPPURAM PIN 676124
 ADDL.R4 BIJU S (FATHER'S NAME AND AGE NOT KNOWN TO THE
          PETITIONER)
          SECRETARY, DISTRICT PANCHAYATH MALAPPURAM,
          DISTRICT PANCHAYATH OFFICE, MALAPPURAM
          ADDL.R4 IMPLEADED VIDE ORDER DATED 18.3.2024 IN IA
          2/24 IN COC 1918/22
          BY ADVS.M.RAJAGOPALAN NAIR
          M.K.ABOOBACKER
          Biju G.
          SRI.M.MUHAMMED SHAFI, ADDL.R4
THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR
ADMISSION ON 05.04.2024, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
 CO(C).No.1918/2022

                                   2




                   P.V.KUNHIKRISHNAN, J.
                    --------------------------------
            Contempt Case (C). No.1918 of 2022
             ----------------------------------------------
            Dated this the 05th day of April, 2024


                            JUDGMENT

This contempt case is filed alleging violation of the

judgment passed by this Court in W.P.(C). No.22197/2012. The

directions issued by this Court in the above judgment is

extracted hereunder:

1) The 1st and 2nd respondents will submit a revised bill claiming the balance amount to the 3rd respondent, as expeditiously as possible, at any rate, within three weeks from the date of receipt of a copy of this judgment.

2) Once the revised bill is received, the 3 rd respondent will process the same and disburse the amount due to the 1st and 2nd respondents as expeditiously as possible, at any rate, within four weeks from the date of receipt of the revised bill.

3) Once the balance amount is received by the 1st and 2nd respondents, the amount due to the petitioners in these writ petitions will be disbursed by the 1st and 2nd respondents

forthwith, at any rate, within two weeks from the date of receipt of the amount from the 3 rd respondent, after statutory deductions and centage, if any.

2. The 4th respondent filed an affidavit before this

Court in which it is stated that no revised bill has been

produced by respondents 1 and 2. It will be better to extract

paragraphs 6, 9 and 12 of the affidavit filed by the 4 th

respondent dated 19.03.2022:

"6. In this regard it is pertinent to note that the main stipulation in Annexure A1 Judgment was that the 1st and 2nd respondents to submit a revised bill claiming balance amount to the respondent, within 3 weeks from the date of receipt of a copy of the judgment. Unfortunately, no such revised bill has been admittedly produced by the 1 st and 2nd respondents till date as is evident from paragraph 9 of their additional affidavit submitted on 04-03-2024 in this case.

9. As a result the matter was discussed in the meeting of the District Panchayath Council on 13- 03-2024 and as per decision No. 5(11) it was resolved to seek permission of the Government for the disbursal of the amount to the SIDCO on the basis of the documents produced by SIDCO. A true copy of the resolution dated 13-03-2024 of the

District Panchayath is produced herewith and maybe marked as Annexure R4(c). Accordingly, a request has been placed before the Government on 15-03-2024 itself seeking sanction of the Government to disburse the amount to the petitioner on the basis of the documents submitted by the SIDCO authority. A true copy of the letter dated 15-03-2024 is produced herewith and may be marked as Annexure R4(d). The government orders are awaited in this regard.

12. This deponent also render unconditional apology for the delay occurred in complying with the Annexure A1 and the same was happened due to the reasons mentioned above. This respondent is also taking earnest efforts to get the sanction from the Government at the earliest and to disburse the amount to the SIDCO immediately thereafter."

3. From the above, it is clear that there is no contempt

in this case. The issue is now pending before the Government.

If there is any delay in disposing the matter by the

Government, the petitioner can file fresh writ petition in

accordance with law. After going through the affidavits filed

by the respondents, I am of the considered opinion that there

is no contempt in this case .

Therefore, this contempt case is closed with liberty to the

petitioner to agitate their case, if there is any fresh cause of

action.

sd/-

                                       P.V.KUNHIKRISHNAN
JV                                            JUDGE

PETITIONER ANNEXURES Annexure A1 ANNEXURE A1: CERTIFIED COPY OF THE JUDGMENT IN WP(C) NO 22197/2012 DATED 16/12/2021 Annexure A2 ANNEXURE A2: TRUE COPY OF THE COMMUNICATION ISSUED BY THE 2ND RESPONDENT TO THE 3RD RESPONDENT DATED 12/08/2022 Annexure A3 ANNEXURE A3: TRUE COPY OF THE COMMUNICATION ISSUED BY THE MANAGING DIRECTOR OF SIDCO DATED 29/06/2020 RESPONDENT ANNEXURES ANNEXURE R3 (A) COPY OF THE MINUTES OF JOINT MEETING HELD ON 31.10.2022.

ANNEXURE R3 (B) COPY OF THE MINUTES OF JOINT MEETING HELD ON 3.11.2022.

ANNEXURE-R1(A) : TRUE COPY OF THE LETTER NO.SMC/MANJERI/038/2021-22 DATED 24.01.2022 AND OTHER DOCUMENT SENT BY SIDCO

ANNEXURE-R1(B) : TRUE COPY OF THE LETTER DATED 12.08.2022 SENT BY RESPONDENT TO THE 3RD RESPONDENT

ANNEXURE-R1(C) : TRUE COPY OF THE COMMUNICATION TO THE PANCHAYAT GIVEN BY THE RESPONDENT DATED 15.9.2020

ANNEXURE-R1(D) : TRUE COPY OF THE RECEIPT ISSUED BY THE 3RD RESPONDENT ACKNOWLEDGING THE RECEIPT OF DOCUMENTS FROM SIDCO ON 16.11.2022

ANNEXURE-R1(E) : TRUE COPY OF THE AGREEMENT NO.220/2004 DATED 31.3.2004 ENTERED BETWEEN SIDCO AND MALAPPURAM DISTRICT PANCHAYATH IN RESPECT OF KUNNANIKULAM DRINKING WATER SUPPLY SCHEME

ANNEXURE-R1(F) : TRUE COPY OF THE LETTER DATED 23.02.2005 SENT BY THE STANDING COMMITTEE CHAIRMAN(PUBLIC WORKS), DISTRICT PANCHAYATH, MALAPPURAM TO THE SECRETARY, MALAPPURAM GRAMA PANCHAYAT

ANNEXURE-R1(G) : TRUE COPY OF THE LETTER DATED 21.02.2005 SENT BY THE DISTRICT PANCHAYAT MEMBER, MELATTUR DIVISION, MALAPPURAM DISTRICT PANCHAYAT TO THE SECRETARY, MALAPPURAM GRAMA PANCHAYAT

ANNEXURE-R1(H) : TRUE COPY OF THE INVOICE NO. 42861 AND 42862 DATED 22.09.2004 ISSUED BY KERALA SIDCO TO THE SECRETARY, DISTRICT PANCHAYAT, MALAPPURAM

ANNEXURE-R1(I) : TRUE COPY OF THE INVOICE NO. 42863 AND 42864 DATED 22.09.2004 ISSUED BY KERALA SIDCO TO THE SECRETARY, DISTRICT PANCHAYAT, MALAPPURAM

ANNEXURE-R1(J) : TRUE COPY OF THE INVOICE NO. 42928 DATED 25.02.2005 ISSUED BY KERALA SIDCO TO THE SECRETARY, DISTRICT PANCHAYAT, MALAPPURAM

ANNEXURE-R1(K) : TRUE COPY OF THE INVOICE NO. 42930 DATED 25.02.2005 ISSUED BY KERALA SIDCO TO THE SECRETARY, DISTRICT PANCHAYAT, MALAPPURAM

ANNEXURE-R1(L) : TRUE COPY OF THE STATEMENT SHOWING THE MATERIALS COST AND COST OF WORK DONE THROUGH SUDARSHAN TRADE LINKS FOR MALAPPURAM DISTRICT PANCHAYAT

ANNEXURE-R1(M) : TRUE COPY OF THE REQUEST NO.M.S.C./MANJERI/051/2020-21 DATED 15.09.2020 GIVEN MANAGER, SIDCO MARKETING CENTER TO THE SECRETARY, MALAPPURAM DISTRICT PANCHAYAT

ANNEXURE-R1(N) : TRUE COPY OF THE REQUEST NO.M.S.C./MANJERI/051/2022-23 DATED 12.08.2022 GIVEN MANAGER, SIDCO MARKETING CENTER TO THE SECRETARY, MALAPPURAM DISTRICT PANCHAYAT

ANNEXURE-R1(O) : TRUE COPY OF THE PROCEEDINGS NO.P1 - 3654/21 DATED 28.12.2022 ISSUED BY THE SECRETARY, MALAPPURAM DISTRICT PANCHAYAT REFUSING THE BALANCE PAYMENT

ANNEXURE R1(P) : TRUE COPY OF THE REQUEST NO.LSGD/DP/106/2024-P1 DATED 15.03.2024 SUBMITTED BY THE SECRETARY, MALAPPURAM DISTRICT PANCHAYATH TO THE PRINCIPAL SECRETARY, LOCAL SELF GOVERNMENT DEPARTMENT, THIRUVANANTHAPURAM.

ANNEXURE R4(A) : TRUE COPY OF THE PROCEEDINGS NO. P1- 3654/2021 DATED 28-12-2022

ANNEXURE R4(B) : TRUE ACKNOWLEDGMENT CARD DATED 18- 01-2023

ANNEXURE R4(C) : TRUE COPY OF THE RESOLUTION DATED 13-03-2024 OF THE DISTRICT PANCHAYATH

ANNEXURE R4(D) : TRUE COPY OF THE LETTER DATED 15-03-