Kerala High Court
A.M. Muhammed Ali vs The Manjeri Municipality on 5 April, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
FRIDAY, THE 5TH DAY OF APRIL 2024 / 16TH CHAITHRA, 1946
WP(C) NO. 26169 OF 2023
PETITIONER:
A.M. MUHAMMED ALI,
AGED 58 YEARS
S/O. KUNHAHAMMED HAJI,PROPRIETOR, NIRMAN
CONSTRUCTIONS,NIRMAN TOWER, CALICUT ROAD, PATTERKULAM,
NARUKARA P.O.,MANJERI, MALAPPURAM DISTRICT, PIN -
676122
BY ADV K.M.SATHYANATHA MENON
RESPONDENTS:
1 THE MANJERI MUNICIPALITY,
REPRESENTED BY ITS SECRETARY, MUNICIPAL OFFICE, CALICUT
ROAD, MANJERI, MALAPPURAM DISTRICT, PIN - 676121
2 THE SECRETARY,
MANJERI MUNICIPALITY MUNICIPAL OFFICE, CALICUT ROAD,
MANJERI, MALAPPURAM DISTRICT, PIN - 676121
BY ADV R.RANJITH (MANJERI)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 26169 OF 2023
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MOHAMMED NIAS C.P., J.
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W.P.(C.) No. 26169 of 2023
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Dated this the 5th day of April, 2024
JUDGMENT
The prayer in the writ petition is also for directing the
respondents to disburse the amount of Rs.96,27,273/-
which is due to the petitioner for having completed the
work of construction of a Shopping Complex of the Manjeri
Municipal Office cum Shopping Complex covered by Ext.P2
agreement. The building was handed over on 07.10.2020.
2. The learned Standing Counsel for the Municipality
submitted that an amount of Rs. 50 lakhs was already paid
to the petitioner, and the balance amount will be paid on or
before 31.03.2024. This was recorded by this Court vide an
order dated 07.03.2024.
3. The learned counsel on both sides agreed that
the amount sought in the writ petition has to be paid.
However, the petitioner submits that he is entitled to the
WP(C) NO. 26169 OF 2023
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interest for the delayed payments. It will be open to the
petitioner to claim the same, by filing a civil suit. All
contentions of the parties in that regard are left open.
The writ petition is disposed of as above.
Sd/-
MOHAMMED NIAS C.P.,
JUDGE
LU
WP(C) NO. 26169 OF 2023
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APPENDIX OF WP(C) 26169/2023
PETITIONER EXHIBITS :
EXHIBIT P1 A TRUE COPY OF THE GOVERNMENT ORDER
(RT) NO: 2204/2016/LSGD DATED
22.07.2016
EXHIBIT P2 A TRUE COPY OF THE AGREEMENT NO: 92/17-
18 DATED 17.10.2017 EXECUTED BY THE
PETITIONER WITH THE 1ST RESPONDENT
WITHOUT ANNEXURES
EXHIBIT P3 A TRUE COPY OF THE COMPLETION
CERTIFICATE WITH RESPECT TO THE WORK
EXECUTED UNDER AGREEMENT NO: 92/17-18
DATED 17.10.2017 SIGNED BY THE 2ND
RESPONDENT AND ASSISTANT ENGINEER,
LSGD, MANJERI MUNICIPALITY
EXHIBIT P4 A TRUE COPY OF THE CALCULATION SHEET
PREPARED BY THE PETITIONER AS TO THE
AMOUNT DUE TO THE PETITIONER
EXHIBIT P5 A TRUE COPY OF THE AGREEMENT NO: S-
50/20-21 DATED 05.01.2021 EXECUTED BY
THE PETITIONER WITH THE 1ST RESPONDENT
WITHOUT ANNEXURES FOR ENTRANCE WORK
EXHIBIT P6 A TRUE COPY OF THE AGREEMENT NO: S-
49/20-21 DATED 05.01.2021 EXECUTED BY
THE PETITIONER WITH THE 1ST RESPONDENT
WITHOUT ANNEXURES FOR INSTALLATION OF
HANDRAIL
EXHIBIT P7 A TRUE COPY OF THE AGREEMENT NO: S-
66/20-21 DATED 22.02.2021 EXECUTED BY
THE PETITIONER WITH THE 1ST RESPONDENT
WITHOUT ANNEXURES FOR SUNSHADE AND
PARTITION WORK
EXHIBIT P8 A TRUE COPY OF THE AGREEMENT NO: 3/21-
22 DATED 08.12.2021 EXECUTED BY THE
PETITIONER WITH THE 1ST RESPONDENT
WITHOUT ANNEXURES FOR LIFT WALL
FINISHING WORK
EXHIBIT P9 A TRUE COPY OF THE AGREEMENT NO: S-
65/20-21 DATED 22.02.2021 EXECUTED BY
THE PETITIONER WITH THE 1ST RESPONDENT
WITHOUT ANNEXURES FOR OFFICE STORE AND
RECORD ROOM SETTING
WP(C) NO. 26169 OF 2023
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EXHIBIT P10 A TRUE COPY OF THE REPRESENTATION
SUBMITTED BY THE PETITIONER WITH THE
1ST RESPONDENT MUNICIPALITY ON
18.07.2023 ALONG WITH POSTAL RECEIPT
EXHIBIT P11 A TRUE COPY OF THE GOVERNMENT ORDER
NO.197/2024/LSGD DATED 24.01.2024
ISSUED BY LOCAL SELF GOVERNMENT
DEPARTMENT, THIRUVANANTHAPURAM
// True Copy // PA To Judge
