The High Court of Kerala dismissing this writ appeal held that no reason existed to interfere with the lower judgment which directed the claimant to file a civil suit for recovery of interest.
Quashing of Ext.P7 and directing payment of interest at 18% from 31.3.1991 to 31.12.2007.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HON'BLE THE CHIEF JUSTICE MR.J.CHELAMESWAR & THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON
MONDAY, THE 1ST NOVEMBER 2010 / 10TH KARTHIKA 1932
WA.No. 1865 of 2010
----------------------AGAINST THE JUDGEMENT IN WPC.29779/2010 DATED 28.9.2010 ....................
APPELLANT/PETITIONER
JOSE P.ISSAC,GOVERNMENT CONTRACTOR, OONUKAL.P.O,KOTHAMANGALAM,REPRESENTED BY POWER OF ATTORNEY HOLDER ARUN DAVID,S/O.C.P.DAVID,AGED 32, RESIDING AT CHEMBAKOTTUKUDIYIL HOUSE,THRIKKARIYOOR KOTHAMANGALAM TALUK,ERNAKULAM DISTRICT.
BY ADV. SRI.M.RAMESH CHANDER
SMT.K.A.SANJEETHA
RESPONDENTS/RESPONDENTS
BY SR.GOVERNMENT PLEADER SRI.BENNY GERVASIS
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 01/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
J.Chelameswar, C.J. & P.R.Ramachandra Menon, J.
W.A. No. 1865 of 2010
Dated this the 1st day of November, 2010
JUDGMENT
J.Chelameswar, C.J.
Aggrieved by a judgment dated 28th September, 2010 in W.P.(C) No.29779 of 2010, the unsuccessful petitioner therein
preferred this writ appeal.
is the successor in interest. Complaining that though he successfully executed the work which he was obliged under the above mentioned contract and inspite of such completion of the work the respondents were not paying the amounts due under the
contract, the appellant made certain representations. As the representations did not achieve the result, the appellant had earlier approached this Court by way of W.P.(C) No.22205 of 2007. By
W.A.No.1865 of 2010
- 2 -
judgment dated 15th November, 2007 which is marked as Ext.P4 in the writ petition, this Court directed the 5th respondent therein to consider the representation made by the appellant and pass appropriate orders regarding the payment of money to the appellant. It appears that pursuant to the said direction an amount of `2,23,983/- was paid to the appellant on 31.12.2007. The instant writ petition is filed complaining that though the principal amount is paid, interest for the delayed payment is not paid. The writ petition is filed with the prayers as follows:
“i) issue a writ of certiorari or any other appropriate writ order or direction calling for the originals relating to Ext.P7 and quash the same.
ii) issue a writ of mandamus directing the respondents to pay interest at the rate of 18% from 31.3.1991 to 31.12.2007.”
W.A.No.1865 of 2010
right of the appellant to receive any such amount nor any other
question incidental to the determination of such a claim.
J.Chelameswar, Chief Justice
P.R.Ramachandra Menon,
Judge
vns
1 issue framed by the court
Whether this Court can interfere with a dismissal of a writ petition seeking interest on delayed payment due to a government contractor.
Jose P. Issac
State of Kerala
Kerala State Rural Development Board
Special Officer, Kerala State Rural Development Board
Chief Engineer, Local Self Government Department
Secretary, Local Self Government Department
J. Chelameswar
P. R. Ramachandra Menon
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
