Kerala Government Contractors ... vs Kochi Municipal Corporation
2024 Latest Caselaw 33033 Ker

Kerala High Court

Kerala Government Contractors ... vs Kochi Municipal Corporation on 14 November, 2024

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
             THE HONOURABLE THE CHIEF JUSTICE MR. NITIN JAMDAR
                                     &
                     THE HONOURABLE MR. JUSTICE S.MANU
        Thursday, the 14th day of November 2024 / 23rd Karthika, 1946
                             WA NO. 1524 OF 2024
    AGAINST JUDGMENT DATED 25.01.2023 IN WP(C) 23626/2020 OF THIS COURT
APPELLANT(S)/THIRD PARTY

     KERALA GOVERNMENT CONTRACTORS FEDERATION (KGCF) REG NO : 410/87
     COCHIN - 682011 REPRESENTED BY ITS SECRETARY V S HENTRY, AGED 72
     YEARS, S/O SAKARIA VATTAMKAL HOUSE, VATTAMKAL MUNDAMVELI P O,
     ERNAKULAM DISTRICT,PIN - 682507

BY ADVS.M/S.P.G.SURESH, A.L.NAVANEETH KRISHNAN & ASWATHY KRISHNAN

RESPONDENT(S)/RESPONDENTS-PETITIONERS

  1. KOCHI MUNICIPAL CORPORATION, REPRESENTED BY ITS SECRETARY, PARK
     AVENUE ROAD, ERNAKULAM, KOCHI, PIN - 682011
  2. THE SECRETARY, KOCHI MUNICIPAL CORPORATION, PARK AVENUE ROAD,
     ERNAKULAM, KOCHI, PIN - 682011
  3. THE SUPERINTENDING ENGINEER, KOCHI MUNICIPAL CORPORATION, PARK
     AVENUE ROAD, ERNAKULAM, KOCHI, PIN - 682011
  4. KOCHI CORPORATION CONTRACTORS ASSOCIATION (REG.NO.ER-370/2009),
     REPRESENTED BY ITS SECRETARY, SHRI K.A.DAVID, AGED 62 YEARS,
     S/O.K.V.ANTONY, KURIKAYIL HOUSE, MAJOR ROAD, VYTTILA, ERNAKULAM, PIN
     - 682019
  5. LAIJU JACOB, AGED 53 YEARS S/O.T.M.JACOB, THAYANKERI HOUSE,
     KIZHAKKAMBALAM P.O., ERNAKULAM, PIN - 683562
  6. ARUN.B., AGED 48 YEARS S/O.BABURAJ, THEKKEPARAMBIL HOUSE,
     PUTHIYAKAVU, TRIPUNITHURA, ERNAKULAM DISTRICT, PIN - 683501
  7. M.R.BINU, AGED 45 YEARS S/O.M.V.RAMAKRISHNAN, MANIVELI PARAMBIL
     HOUSE, LPS ROAD, PALARIVATTOM P.O., ERNAKULAM, PIN - 682025
  8. K.I.CHANDRAMOHAN, AGED 67 YEARS S/O.K.K.INDRADATH, 21/1307 B,
     ANUPALLAVI, SARITHA ROAD, PALLURUTHY, KOCHI, PIN - 682006

BY ADV.K.JANARDHANA SHENOY FOR R1 TO R3

SENIOR ADVOCATE SRI.S.SREEKUMAR FOR R4


     Prayer for interim relief in the Writ Appeal stating that in the
circumstances stated in the appeal memorandum, the High Court be pleased
to

      i. Stay the operation of the common judgment in WPC NO.23626/2020
    and connected matters, pending disposal of the Writ Appeal.
     ii. To direct the Respondent Corporation to effect part payments of
    the due amount to the comtractors who carried out priority works as
    expeditiously as possible.
      This Writ appeal again coming on for orders on 14/11/2024, upon
perusing the appeal memorandum and this Court's Order dated 23/10/2024,
the court on the same day passed the following:
                             Nitin Jamdar, C.J. & S. Manu, J.
                              =-=-=-=-=-=-=-=-=-=-=-=-=-=
                                  WA.No.1524 of 2024
                              =-=-=-=-=-=-=-=-=-=-=-=-=-=
                        Dated this the 14th day of November, 2024

                                             ORDER

Nitin Jamdar, C.J.

Heard Mr.P.G.Suresh, learned counsel appearing for the Appellant, Mr.K.Janardhana Shenoy, learned counsel appearing for Respondent Nos.1 to 3 and Senior Advocate S.Sreekumar, appearing for Respondent No.4.

2. Learned counsel for the Municipal Corporation states that report is filed. However, it refers to consensus arrived at in a joint meeting. The learned counsel seeks to place on record the minutes of the said meeting along with a memo and furnish copies of the same to the counsel appearing for the other party.

3. Post on 28 November 2024. sd/-

Nitin Jamdar Chief Justice

sd/-

S. Manu Judge Nsd

14-11-2024 /True Copy/ Assistant Registrar