Disposed

P.Manikantan v. the Arayancode Grama Panchayath

Kerala HC2 Jul 2019WP(C)/7439/2019

Case brief

AI extract

What is this about?

This is a one-paragraph order closing a writ petition. The High Court of Kerala accepted the Society's submission that the petitioner received partial disbursement during the petition's pendency. The court closed the petition without prejudice to the petitioner's right to claim the balance amount later, without deciding the merits of the balance claim.

What did the court decide?

Petition closed without prejudice to the petitioner's right to claim the balance amount elsewhere.

P.Manikantan Vs the Arayancode Grama Panchayath — Writ and Judicial Review | 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 MR. JUSTICE ANIL K.NARENDRAN

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TUESDAY, THE 02ND DAY OF JULY 2019 / 11TH ASHADHA, 1941

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WP(C).No.7439 of 2019

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PETITIONER:

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P.MANIKANTAN, AGED 60 YEARS, S/O.PEETHAMBARAN, AMBALATHARA ROUNDIL MELE VEEDU, MARAYAMUTTOM.P.O., NEYYATTINKARA, THIRUVANANTHAPURAM DISTRICT.

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BY ADV. SRI.R.GOPAN

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RESPONDENTS:

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1 THE ARYANCODE GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, ARYANCODE, KATTAKADA, PIN-695 001.

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2 THE ASSISTANT ENGINEER, LSGD ENGINEERING SECTION, ARYANCODE GRAMA PANCHAYATH, ARYANCODE, KATTAKADA, PIN-695 001.

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BY ADVS. SRI.G.P.SHINOD SRI.AJIT G.ANJARLEKAR SRI.GOVIND PADMANAABHAN SRI.RAM MOHAN.G.

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SRI MANURAJ.K.J., GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02.07.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.7439 of 2019 2

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JUDGMENT

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The petitioner, who is a B Class contractor, who had undertaken certain construction work for Mini Conference Hall of the 1^st respondent Grama Panchayat has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus, commanding the 1^st respondent to issue cheque in his name for an amount of Rs.4,16,737/-, with 18% interest from 31.03.2018.

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On 12.03.2019, when this writ petition came up for

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admission, urgent notice by speed post was ordered to respondents 1 and 2, returnable within two weeks.

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Heard the learned counsel for the petitioner and also the learned Standing Counsel for the Grama Panchayat, representing respondents 1 and 2.

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Today, when the case is taken up for consideration, the learned counsel for the petitioner would submit that, during the pendency of this writ petition, the petitioner has been disbursed with certain amount in relation to the construction of Mini Conference Hall and in such circumstances, this writ petition may be closed, without prejudice to the right of the petitioner to

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WP(C).No.7439 of 2019 3

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approach the respondents with a claim for the balance amount.

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Recording the submission made by the learned counsel

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for the petitioner, this writ petition is closed, without prejudice to

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the aforesaid right of the petitioner.

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It is made clear that this Court has not expressed anything as to the merits of the claim made by the petitioner, with regard to the balance amount payable.

Sd/-

ANIL K.NARENDRAN

JUDGE

sru

WP(C).No.7439 of 2019 4

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXHIBIT P1 PHOTOCOPY OF THE SELECTION NOTICE DATED 29.4.2017 ISSUED TO THE PETITIONER BY THE 2ND RESPONDENT. EXHIBIT P2 PHOTOCOPY OF THE FINAL BILL DATED 26.3.2018 PASSED BY THE 2ND RESPONDENT DIRECTED THE 1ST RESPONDENT TO ISSUE CHEQUE FOR THE BALANCE AMOUNT OF RS.4,16,637/-. EXHIBIT P3 PHOTOCOPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 21.7.2018. EXHIBIT P3 A PHOTOCOPY OF THE ACKNOWLEDGMENT RECEIPT ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER.

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RESPONDENT'S EXHIBITS:NIL

P.Manikantan v. the Arayancode Grama Panchayath

Case brief

What is this about?

What did the court decide?

P.Manikantan v. the Arayancode Grama Panchayath

Case brief

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