Petitioner sought mandamus for payment of dues for works executed. Court found major grievance redressed but directed disposal of one pending bill within two months.
Petitioner directed to represent regarding pending bill; respondent to consider and pass orders within two months.
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 HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
THURSDAY, THE 19TH DAY OF NOVEMBER 2015/28TH KARTHIKA, 1937
WP(C).No. 16883 of 2012 (I)
PETITIONER :
P.K.IBRAHIM, AGED 46 YEARS, S/O.KHADER, CONTRACTOR, PERINGATTIL HOUSE, VADAKODE P.O., KANGARAPPADY,
KOCHI-21.
BY ADVS.SRI.BABU JOSEPH KURUVATHAZHA
SMT.M.BINDU DAS
RESPONDENTS :
CHANGAMPUZHA NAGAR P.O., KALAMASSERY, KOCHI-682033.
BY ADV. SRI.M.K.ABOOBACKER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19-11-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 16883 of 2012 (I)
APPENDIX
PETITIONER'S EXHIBITS :
| EXT.P1 | TRUE COPY OF THE DETAILS OF SOME OF THE WORKS EXECUTED BY THE PETITIONER, FOR WHICH PAYMENTS ARE DUE, WITH EFFECT FROM 21/7/2010 TO 14/11/2011. |
|---|---|
| EXT.P2 | TRUE COPY OF THE REPRESENTATION DATED 18/10/2010 SUBMITTED BY THE PETITIONER BEFORE THE IST AND 3RD RESPONDENTS. |
| EXT.P3 | TRUE COPY OF THE REPRESENTATION DATED 5/4/2011 SUBMITTED BY THE PETITIONER BEFORE THE IST AND 3RD RESPONDENTS. |
| EXT.P4 | TRUE COPY OF THE REPRESENTATION DATED 16/8/2011 SUBMITTED BY THE PETITIONER BEFORE THE IST AND 3RD RESPONDENTS. |
| EXT.P5 | TRUE COPY OF THE REPRESENTATION DATED 25/6/2012 SUBMITTED BY THE PETITIONER BEFORE THE IST AND 3RD RESPONDENTS. |
| EXT.P6 | TRUE COPY OF THE JUDGEMENT DATED 30/6/2011 IN W.P.(C)No.231/2011 OF THIS COURT. |
| EXT.P7 | TRUE COPY OF THE JUDGEMENT DATED 18/9/2002 IN OP.25741/2002 OF THIS COURT. |
| EXT.P8 | TRUE COPY OF THE JUDGEMENT DATED 25/6/2004 IN COC.379/2004 OF THIS COURT. |
| EXT.P9 |
TRUE COPY OF THE ORDER DATED 4/5/2005 IN CIVIL APPEAL No. 3148/2005 OF THE HON'BLE SUPREME COURT OF INDIA. |
| EXT.P10 | TRUE COPY OF THE ORDER DATED 10/5/2005 IN SPECIAL LEAVE TO APPEAL(CIVIL) No.9780/2005 AND CONNECTED CASES OF THE HON'BLE SUPREME COURT OF INDIA. |
RESPONDENTS' EXHIBITS :- NIL.
True copy
P.A to Judge
ANIL K.NARENDRAN, J.
W.P.(C)No.16883 of 2012
Dated this the 19th day of November, 2015
JUDGMENT
The petitioner, who is an 'A' class contractor, has filed this writ petition seeking a writ of mandamus commanding the respondents to disburse the admitted amounts due to him as detailed in Ext.P1 statement in respect of the works he had already undertaken in Kalamassery Municipality together with interest at the treasury rate. The petitioner has also sought for a writ of mandamus commanding the respondents to consider Exts.P2 to P5 representations and pass appropriate orders thereon in the light of the judgment of this Court referred to therein.
W.P.(C).No.16883 of 2012
2
has submitted Exts.P2 to P5 representations before the respondents and it was thereafter he has approached this Court in this Writ Petition seeking various reliefs.
Ext.P1, since the said bill is item No.102 in the seniority list and payment was delayed due to disputes with regard to measurement, quality of work, etc., and also due to paucity of funds.
W.P.(C).No.16883 of 2012
3
possible, at any rate, within a period of two months from the date of receipt of such representation. The petitioner shall produce a copy of this Writ Petition and a certified copy of this judgment before the
This Writ Petition is disposed of as above.
Sd/- ANIL K.NARENDRAN, JUDGE
skj
True copy
P.A to Judge
P.K. Ibrahim
Kalamassery Municipality
Kalamassery Municipal Council
The Municipal Engineer, Kalamassery Municipality
Anil K. Narendran
As recorded by the court registry
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