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Joshy Varghese v. the District Collector

Kerala HC1 Feb 2019WP(C)/498/2019

Case brief

AI extract

What is this about?

The High Court held that the pendency of a civil suit filed by a neighbor seeking an injunction against trespass cannot be a ground for refusing to disburse amounts due to a contractor who has completed construction work. The court directed the respondents to issue a completion certificate and release the due amounts within two months.

What did the court decide?

Respondents directed to issue completion certificate and release due amounts within two months from receipt of judgment copy.

Joshy Varghese Vs the District Collector — Service and Employment | Kerala HC (2019)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

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FRIDAY ,THE 01ST DAY OF FEBRUARY 2019 / 12TH MAGHA, 1940

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WP(C).No. 498 of 2019

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PETITIONER/S:

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JOSHY VARGHESE AGED 39 YEARS

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S/O VARGHESE, CHETTIYAD HOUSE, KANNADI EAST, KUNNUMMA, PULINCUNNU, KUTTANADU, ALAPPUZHA.

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BY ADVS. SRI.JACOB SEBASTIAN SMT.ANU JACOB SRI.K.V.WINSTON

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RESPONDENT/S:

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1 THE DISTRICT COLLECTOR ALAPPUZHA, PIN-688 001.

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2 THE SUPERINTENDING ENGINEER KUTTANAD DEVELOPMENT CIRCLE, CHENGANNUR, ALAPPUZHA DISTRICT, PIN-689 121.

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3 THE EXECUTIVE ENGINEER MINOR IRRIGATION DIVISION, CHENGANNUR, ALAPPUZHA DISTRICT, PIN-688 004.

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4 THE ASSISTANT EXECUTIVE ENGINEER MINOR IRRIGATION SUBDIVISION, MANKOMPU, THEKKEKKARA P.O., KUTTANAD, ALAPPUZHA DISTRICT, PIN-689 121.

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5 THE ASSISTANT ENGINEER MINOR IRRIGATION SECTION, PULINCUNNU, KUTTANAD, ALAPPUZHA DISTRICT, PIN-689 121.

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OTHER PRESENT:

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GP B VINITHA

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.02.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).498/19

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ANU SIVARAMAN, J.

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W.P(C).No. 498 of 2018

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Dated this the 1^st day of February, 2019

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JUDGMENT

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This writ petition is filed seeking payment of amounts due to the petitioner on execution of the work of construction of a building. It is submitted that though the work is complete and measurements are carried out, the respondents are not releasing the amounts due on the ground that O.S.No.922/2016 is pending before the Munsiff's Court, Alappuzha. The suit is filed by a resident of the neighbourhood with the State as well as the Executive Engineer and Assistant Engineer as defendants.

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The plaint is produced as Exhibit P2 by the petitioner. The suit is filed seeking injunction restraining the defendants from trespassing into the plaintiff's property. There is no interim order passed as well. It is seen that the work has been completed and that this Court has, by Exhibit P4 order, directed that the pendency of suit should not result in the work being held up.

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It is submitted by the learned Senior Government Pleader that the petitioner had completed the work on 30.6.2017 and that the trial court had refused to issue any interim order prohibiting the construction. It is further stated that all relevant documents have been submitted by the petitioner and a completion certificate is to be

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WP(C).498/19

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issued. It is also stated that on disposal of the suit, completion certificate of the work can be issued and necessary steps for making payment to the petitioner will be taken.

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It is therefore not in dispute that the work has now been completed. There is no injunction order in the suit. The only prayer sought for is against trespass into the property of the plaintiff. In the above view of the matter, I am of the opinion that the pendency of the suit cannot be a ground for refusal to disburse the amounts due to the petitioner.

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There will, accordingly, be a direction to the respondents to issue the completion certificate and to release the amounts due to the petitioner taking note of the completion certificate at the earliest, at any rate, within a period of two months from the date of receipt of a copy of this judgment.

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The writ petition is ordered accordingly.

ANU SIVARAMAN

vgs1/2

WP(C).498/19

APPENDIX

PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 A TRUE COPY OF THE PETITIONER'S BILL ALONG WITH THE LETTER DATED 1 JUNE 2017 ISSUED BY THE FIFTH RESPONDENT.

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EXHIBIT P2 A TRUE COPY OF THE PLAINT IN O.S.NO.922/2016 OF THE COURT OF MUNSIFF OF ALAPPUZHA. EXHIBIT P3 A TRUE COPY OF THE JUDGEMENT DATED JUNE 9, 2017 O.P(C) NO.1821/2017 OF THIS HONOURABLE COURT. EXHIBIT P4 A TRUE COPY OF THE JUDGEMENT DATED JUNE 15, 2O17 IN R.P.NO.521/2017 IN O.P(C) NO.1821/2017 OF THIS HONOURABLE COURT. EXHIBIT P5 A TRUE COPY OF THE LETTER DATED JULY 21, 2018 OF THE RESPONDENT.

Joshy Varghese v. the District Collector

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Joshy Varghese v. the District Collector

Case brief

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