The High Court of Kerala issued a direction for the respondents to dispose of petitioner's representations regarding disputed bill payments within three months. The court finally disposed of the writ petition without adjourning for further instructions.
Direction to consider representations P8 and P9 and disburse due amount within three 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 P.R.RAMACHANDRA MENON
TUESDAY, THE 10TH DAY OF FEBRUARY 2015/21ST MAGHA, 1936
WP(C).No. 2370 of 2015 (U)
PETITIONER(S):
SMEERAJ B.S, AGED 30 YEARS S/O.LATE BABU, CONTRACTOR, SANTHA NIVAS AYIROOR, PERUMKADAVILA, NEYYATTINKARA THIRUVANANTHAPURAM-695124.
BY ADV. SRI.BABU JOSEPH KURUVATHAZHA
RESPONDENT(S):
1. CORPORATION OF THIRUVANANTHAPURAM PALAYAM, THIRUVANANTHAPURAM-695033 REPRESENTED BY ITS SECRETARY.
2. THIRUVANANTHAPURAM CORPORATION COUNCIL REPRESENTED BY ITS CHAIRPERSON OFFICE OF THE THIRUVANANTHAPURAM CORPORATION PALAYAM, THIRUVANANTHAPURAM-695033.
3. CORPORATION ENGINEER
BY SRI.P.K.MANOJKUMAR,SC,
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10-02-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
PJ
WP(C).No. 2370 of 2015 (U)
APPENDIX
PETITIONER(S)' EXHIBITS
RESPONDENT(S)' EXHIBITS
NIL.
/ TRUE COPY /
P.S. TO JUDGE
PJ
P.R. RAMACHANDRA MENON, J.
========================
W.P.(C). No. 2370 of 2015
-------------------------------------------Dated this the 10th day of February, 2015
JUDGMENT
The petitioner has approached this Court with the following
prayers:
“i. Issue a writ of mandamus or any other appropriate writ, order or direction commanding the respondents to disburse the admitted bill amount, with interest minimum at the treasury rate, with effect from the date of completion of work, forthwith.
ii. Issue a writ of mandamus or any other appropriate writ, order or direction commanding the respondents to record the measurements of the entire works executed by the petitioner forthwith, and to disburse the payments due to him, with interest minimum at treasury rate with effect from the date of completion of works.
iii. Issue a writ of mandamus or any other appropriate writ, order or direction commanding the respondents to consider and dispose of Exts.P8 and P9 representations, in the light of Exts. P7 to P7(b) judgments/orders and the judgments of this Hon'ble Court in Anirudhan v. State of Kerala (1999 (3) KLT 1) (DB) and State of Kerala v. Anil (2002 (1) KLT 371 (FB) forthwith.”
the petitioner by the respondent Corporation forming the subject matter of Ext.P1 was completed to the satisfaction of all
W.P.C. No. 2370 of 2015
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concerned way back on 19.12.2012 and the work pertains to Ext.P2 was completed on 19.10.2011. The bills submitted by the petitioner are stated as processed and finalized. But the amount has not been disbursed to the petitioner so far. It is stated that, the petitioner has borrowed huge amounts from different corners and is bound to return the same and that huge interest is getting mounted up day by day. Though the petitioner filed Exts. P8 and P9 representations before the concerned authorities on 4.5.2014 and 19.12.2014, they have not yielded any positive result and hence the writ petition.
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The petitioner shall produce a copy of the judgment along with a copy of the writ petition before the concerned respondent for further steps. The writ petition is disposed of.
P.R. RAMACHANDRA MENON, JUDGE.
kp/-
1 issue framed by the court
Whether the respondents should be directed to consider representations for disbursement of admitted bill amount within a stipulated time.
1 provisions across 1 enactments
Smeeraj B.S
Corporation of Thiruvananthapuram Palayam
Thiruvananthapuram Corporation Council
Corporation Engineer
P.R. Ramachandra Menon
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
