Petitioner sought payment for constructed school building work. Court directed petitioner to apply for time extension; Panchayath to pay due for completed work within 3-6 months after application.
Direct petitioner to apply for time extension within 10 days; direct Panchayath to pay due amount for completed works within 3-6 months after application.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE ANTONY DOMINIC
WEDNESDAY, THE 6TH DAY OF JUNE 2012/16TH JYAISHTA 1934
WP(C).No. 3939 of 2012 (N)
PETITIONER(S):
MUHAMMED ALI,
S/O.LATE ALIKUTTY T.K., AGED 51 YEARS, ALI & ASSOCIATES, 19/503, MOOLEPADAM ROAD, KALAMASSERY P.O., ERNAKULAM DISTRICT.
BY ADVS. SRI.BABU JOSEPH KURUVATHAZHA, SRI.T.K.BIJU (MANJINIKARA).
RESPONDENT(S):
1. KAVILUMPARA GRAMA PANCHAYATH,
2. KAVILUMPARA GRAMA PANCHAYAT COMMITTEE,
R1 BY ADVS. SRI.T.K.VIPINDAS, SRI.K.M.MUHAMMED HUSSAIN. R2 BY ADVS. SMT.P.K.PRIYA, SRI.K.V.SREE VINAYAKAN.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06-06-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
rs.
WP(C).No. 3939 of 2012 (N)
APPENDIX
PETITIONER'S EXHIBITS:-
RESPONDENT'S EXHIBITS:-
EXT.R1A COPY OF THE AGREEMENT DATED 13/09/2010.
//TRUE COPY//
P.A. TO JUDGE
rs.
ANTONY DOMINIC,J
W.P.(C)No.3939 of 2012
Dated this the 06th day of June, 2012
JUDGMENT
The petitioner had entered into Ext.P1 agreement with the respondent Panchayath for the work of constructing a school building. According to the petitioner, though the work is still remaining incomplete, he is willing to complete the work and that the Panchayath should be directed to pay the amount due as per the bills already submitted for the work done. It is this prayer, the writ petition has been filed.
and that the petitioner should make an application to the Panchayath for extending the period. It is stated that if such an application is made, Panchayath is willing to consider the same and pass appropriate orders in the matter. It is also stated in the counter affidavit that subject to the petitioner filing the application as above, the Panchayath is ready and
W.P.(C).No.3939/2012
: 2 :
willing to pay the amount for the completed work in a period of three to six months.
The writ petition is disposed of as above.
ANTONY DOMINIC, JUDGE
ln
1 issue framed by the court
Whether the writ petition for payment of due amount for completed work should be dismissed in favour of directing the petitioner to apply for extension of time for completion.
Muhammed Ali
Kavilumpara Grama Panchayath
Kavilumpara Grama Panchayath Committee
Antony Dominic
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
