Kerala High Court
R Chandralal vs State Of Kerala on 17 October, 2024
2024:KER:77311
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
THURSDAY, THE 17TH DAY OF OCTOBER 2024 / 25TH ASWINA, 1946
WP(C) NO. 11582 OF 2024
PETITIONER:
R CHANDRALAL,
AGED 59 YEARS
S/O LATE M RAMACHANDRAN NAIR, PALAZHY (NANDAVANAM),
THUKALASSERRY, THIRUVALLA P.O.,
PATHANAMTHITTA, PIN - 689115
BY ADVS.
THOMAS ABRAHAM
MERCIAMMA MATHEW
ASWIN.P.JOHN
R.ANANTHAPADMANABAN
PAUL BABY
SWATHY A.P.
THARA ELIZABETH THOMAS
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY ITS SECRETARY, LOCAL SELF GOVERNMENT
DEPARTMENT, GOVERNMENT OF KERALA, SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 THIRUVALLA MUNICIPALITY,
REPRESENTED BY ITS SECRETARY, OFFICE OF THIRUVALLA
MUNICIPALITY, MARKET ROAD, KAYAMKULAM-THIRUVALLA
HIGHWAY, THIRUVALLA, PIN - 689101
3 THE CHAIRPERSON,
THIRUVALLA MUNICIPALITY, MARKET ROAD, KAYAMKULAM-
THIRUVALLA HIGHWAY, THIRUVALLA, PIN - 689101
4 SECRETARY,
THIRUVALLA MUNICIPALITY,MARKET ROAD,
KAYAMKULAM-THIRUVALLA HIGHWAY,THIRUVALLA,
PIN - 689101
WP(C) NO. 11582 OF 2024
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2024:KER:77311
5 ASSISTANT EXECUTIVE ENGINEER (LSGD),
THIRUVALLA MUNICIPALITY, MARKET ROAD, KAYAMKULAM-
THIRUVALLA HIGHWAY, THIRUVALLA, PIN - 689101
6 THE CANARA BANK,
THIRUVALLA MARKET ROAD BRANCH, 1ST FLOOR, ROYAL
PLAZA, TEMPLE ROAD, MARKET JUNCTION, THIRUVALLA
REPRESENTED BY ITS AUTHORIZED OFFICER, PIN - 689101
SRI.S.SUBASH CHAND, SC
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
17.10.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 11582 OF 2024
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JUDGMENT
The petitioner was the successful tender pursuant to a
tender notice issued by the Municipality on 19.03.2015, for the
construction of a bridge at Amalloor, Kakkathuruthu. The
petitioner was given the selection notice dated 11.05.2015 by
the Thiruvalla Municipality, Ext.P2. The work order issued by
the Secretary of the Municipality is Ext.P3. The petitioner had
entered into an agreement with the Municipality on 15.05.2015.
It is stated that the work of the bridge was completed on
28.02.2017, on which date the Assistant Engineer of the
Municipality certified that the work had been completed
successfully, which is seen from Ext.P5.
2. The prayer in the writ petition is to direct the
respondents 2 to 4 to release Rs.35,24,968/- (Rupees thirty-five
lakhs twenty-four thousand nine hundred and sixty-eight only)
due to the petitioner for the completion of work awarded as per
Ext.P3 work order, with interest thereon at 12% per annum.
3. A statement has been filed on behalf of the
Municipality which says that the matter will be placed before
the municipal council. There is nothing on record to show any
shortcomings in the work completed by the petitioner or any
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proceedings pending against the petitioner. Far from that
Ext.P5 clearly states that the petitioner has completed the work
satisfactorily. Ext.P4 agreement states that 'if the contractor is
not paid from the MLA fund within three months, then it will be
paid from municipal funds.'
4. Under such circumstances, there cannot be any
justification at all for the municipality not to pay the amount
due to the petitioner for a work which has admittedly been
completed satisfactorily in the year 2017, to be precise on
28.02.2017 when the certification was made. The learned
counsel for the Municipality submits that the petitioner can be
paid the amount if he undertakes to repay the amount and to
file an indemnity bond to that effect. It is to be repeated that in
the absence of anything on record to show that the petitioner
did not complete the work satisfactorily or any proceedings
were pending against the petitioner, there is no justification at
all for the Municipality to insist upon an indemnity bond for
making the payment admittedly due to the petitioner.
5. Learned counsel for the Municipality also submits
that the files were missing in the Municipality, which led to the
delay in honouring the bill. Missing of the file in a Municipality
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cannot be attributed to the petitioner. It has not been stated as
to what steps were taken against those responsible for the
missing of files. To make a person wait for 7 years after
completion of work on such reasoning cannot be appreciated.
6. Under such circumstances, the writ petition is
allowed with a direction to the respondents 2 to 4 to pay the
amount Rs. 35,24,968/- to the petitioner within a month from
today. In case, the amount is not paid within the time directed
above, the amount shall carry an interest at 12% till effecting
the payment.
The writ petition is allowed as above.
Sd/-
MOHAMMED NIAS C.P.
JUDGE
ASH
WP(C) NO. 11582 OF 2024
2024:KER:77311
APPENDIX OF WP(C) 11582/2024
PETITIONER EXHIBITS
Exhibit P1 THE TRUE COPY OF THE TENDER NOTICE NO.PW2-
24155/14 DATED 19/3/2015 ISSUED BY THE
ASSISTANT EXECUTIVE ENGINEER, THIRUVALLA
MUNICIPALITY
Exhibit P2 THE TRUE COPY OF THE SELECTION NOTICE
DATED 11/5/2015 ISSUED BY THIRUVALLA
MUNICIPALITY
Exhibit P3 THE TRUE COPY OF THE WORK ORDER NO.E4
(PW4) 24155/14 DATED 15/5/2015 ISSUED BY
THE SECRETARY, THIRUVALLA MUNICIPALITY
Exhibit P4 THE TRUE COPY OF THE SUPPLEMENTARY
AGREEMENT NO.2/15-16(1) DATED 12/5/2016
ENTERED INTO BETWEEN THE PETITIONER AND
THE 4TH RESPONDENT
Exhibit P5 THE TRUE COPY OF THE RELEVANT PAGES OF THE
M-BOOK PERTAINING TO THE WORK UNDERTAKEN
BY THE PETITIONER
Exhibit P6 THE TRUE COPY OF THE LETTER SUBMITTED BY
THE PETITIONER TO THE ASSISTANT EXECUTIVE
ENGINEER, THIRUVALLA MUNICIPALITY ON
15/7/2015
Exhibit P7 THE TRUE COPY OF THE GENERAL POWER OF
ATTORNEY EXECUTED BY THE PETITIONER IN
FAVOUR OF SYNDICATE BANK
Exhibit P8 THE TRUE COPY OF THE NOTICE DATED 5/9/2023
ISSUED BY CANARA BANK U/S 13(2) OF THE
SARFAESI ACT
Exhibit P9 THE TRUE COPY OF THE LETTER DATED
30/11/2023 ISSUED BY THE BRANCH MANAGER,
CANARA BANK, THIRUVALLA MARKET ROAD TO THE
SECRETARY, THIRUVALLA MUNICIPALITY
Exhibit P10 THE TRUE COPY OF THE NOTICE DATED
10/8/2023 ISSUED BY KERALA STATE CO-
OPERATIVE BANK LTD. IS PRODUCED HEREWITH
AND MARKED AS EXHIBIT P10.
WP(C) NO. 11582 OF 2024
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Exhibit P11 THE TRUE COPY OF THE LETTER DATED
14/12/2023 ISSUED BY KSFE INTIMATING THAT
HE HAS DEFAULTED ON 14 INSTALMENTS OF NON-
PRIZED CHITTY
Exhibit P12 THE TRUE COPY OF THE NOTICE DATED
20/2/2024 ISSUED BY PRIMARY CO-OPERATIVE
AGRICULTURAL AND RURAL DEVELOPMENT BANK
INITIATING RECOVERY PROCEEDINGS
Exhibit P13 THE TRUE COPY OF THE LETTER DATED
12/7/2022 SUBMITTED BY THE PETITIONER
BEFORE THE CHAIRPERSON, THIRUVALLA
MUNICIPALITY
Exhibit P14 THE TRUE COPY OF THE LETTER DATED 3/1/2023
SUBMITTED BY THE PETITIONER TO THE 3RD
RESPONDENT
Exhibit P15 THE TRUE COPY OF THE LETTER DATED
26/12/2023 SUBMITTED BY THE PETITIONER
BEFORE THE 3RD RESPONDENT
Exhibit P16 THE TRUE COPY OF THE JUDGMENT DATED
15/1/2024 ISSUED BY THIS HON'BLE COURT IN
W.P.(C) NO.36715 OF 2023
EXHIBIT P17 THE TRUE COPY OF THE LETTER DATED 7/8/2024
ISSUED BY THIRUVALLA MUNICIPAL COUNCIL TO
THE APPLICANT
