A writ appeal challenging the High Court of Kerala's single judge order directing the Kerala State Construction Corporation to pay a contractor's dues before his death. The bench dismissed the appeal, upholding the lower court's direction.
Affirmed the direction issued by the single judge to make the payment forthwith.
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 THE CHIEF JUSTICE MR.NAVANITI PRASAD SINGH
&
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
TUESDAY, THE 18TH DAY OF JULY 2017/27TH ASHADHA, 1939
WA.No. 521 of 2017 () IN WP(C).23728/2011 ------------------------------------------AGAINST THE JUDGMENT IN WP(C) 23728/2011 of HIGH COURT OF KERALA DATED 26-05-2014
APPELLANT/PETITIONER IN W.P.(C):
1. KERALA STATE CONSTRUCTION CORPORATION LTD REPRESENTED BY ITS MANAGING DIRECTOR, DOOR NO.30/1521 A, BAY UNDER THE BRIDGE, NORTHERN SIDE OF RAILWAY, PONNURUNNI, VYTTILA, KOCHI-19
2. THE REGIONAL MANAGER KERALA STATE CONSTRUCTION CORPORATION LIMITED, BELMOUTH BUILDING, EAST BLOCK, KURUPPAM ROAD, THRISSUR - 680001.
BY ADV. SRI.M.V.THAMBAN
RESPONDENTS/PETITIONER, RESPONDENTS 1, 4 & 5 IN W.P.(C) & LEGAL HEIR OF THE PETITIONER:
1. V.P.THRIMATHY (DIED) S/O.V P CHERIYAPPU HAJI, AGED 66 YEARS, GOVERNMENT CONTRACTOR, EDAVANNA, MALAPPURAM DISTRICT.
REPRESENTED BY ITS SECRETARY, PUBLIC WORKS DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN-695001.
*5. V.P.HARSHAD, AGED 38 YEARS, S/O.LATE V.P. THRIMATHY, RESIDING AT VALIYAPEEDIKAKKAL HOUSE, ERANJIKODE (PO), EDAVANNA, MALAPPURAM DISTRICT, PIN-676541.
**(ADDL R5 IS IMPLEADED AS PER ORDER DATED 18.7.17 IN I.A. NO.331/2017)*
R1 BY ADV. SRI.BABU KARUKAPADATH R1 BY ADV. SMT.M.A.VAHEEDA BABU R1 BY ADV. SRI.K.M.FAISAL (KALAMASSERY) R1 BY ADV. SRI.P.U.VINOD KUMAR R1 BY ADV. SRI.MITHUN BABY JOHN R1 BY ADV. SRI.J.RAMKUMAR R1 BY ADV. SMT.AMRIN FATHIMA R2 & R4 BY SR.GOVERNMENT PLEADER MR.V.TEKCHAND
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 1807-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
VPS
NAVANITI PRASAD SINGH, C.J. &
RAJA VIJAYARAGHAVAN V., J.
W.A. No.521 OF 2017
Dated this the 18th day of July, 2017
JUDGMENT
Navaniti Prasad Singh, C.J.
W.A. 521/2017 2
done, would be arbitrary. The excuse given by the 1st appellant that it had to receive money from the 3rd respondent herein cannot be countenanced as there was no privity of contract between the 1st respondent/writ petitioner and the 3rd respondent. The writ petitioner had executed a contract independently and was under the contract of the 1st appellant. Thus, the learned single Judge gave direction to make the payment within one month. This was in the year 2014. We are in the year 2017. No payment has been made.
Considering all these aspects, we find no merit in this appeal as well. The same is dismissed. Let the direction issued by the learned single Judge be complied with forthwith.
Sd/NAVANITI PRASAD SINGH, CHIEF JUSTICE
Sd/-
RAJA VIJAYARAGHAVAN V., JUDGE
vps
Kerala State Construction Corporation Ltd
V.P. Harshad
V.P. Thrimathy
State of Kerala
Attappadi Hill Area Development Society(AHADS)
Principal Secretary(Finances)
Navaniti Prasad Singh
Raja Vijayaraghavan V.
As recorded by the court registry
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