The High Court of Kerala dismissed an appeal challenging a single judge order directing a corporation to pay an admitted bill amount according to a priority list. The bench held the appellant could not march ahead of the list and found no error in the lower order.
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.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
MONDAY, THE 07TH DAY OF DECEMBER 2020 / 16TH AGRAHAYANA, 1942
W.A.No.1595 OF 2020
AGAINST THE JUDGMENT IN WP(C)12275/2020(H) OF HIGH COURT OF KERALA DATED 19.10.2020
APPELLANT/PETITIONER:
BIJEESH.E, AGED 39 YEARS S/O. KRISHNAN, EDAKANDY HOUSE, KOLATHARA P.O, KOZHIKODE DISTRICT.
BY ADVS. SRI.P.V.ANOOP SRI.PHIJO PRADEESH PHILIP SRI.K.V.SREERAJ
RESPONDENTS:
1 KOZHIKODE CORPORATION REPRESENTED BY ITS SECRETARY, OFFICE OF THE KOZHIKODE CORPORATION, KOZHIKODE, PIN – 673 032.
2 ACCOUNTS OFFICER, KOZHIKODE CORPORATION, KOZHIKODE, PIN – 673 032.
SRI.V.KRISHNA MENON, FOR RESPONDENTS
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 07.12.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.A.No.1595 OF 2020
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JUDGMENT
Dated this the 7th day of December 2020
S.MANIKUMAR, C.J.
Appellant herein is stated to be a registered contractor of Kozhikode Corporation and he is aggrieved by the judgment of the writ court in W.P. (C)No.12275 of 2020 dated 19.10.2020. The appellant has filed the above writ petition for a direction to disburse the bill amount admitted by the respondents after completion of the work. The learned Single Judge disposed of the writ petition with a direction to the respondents to disburse the amount, which reads as hereunder:
“2. The 1st respondent has filed a statement in W.P.(C)No.12254/2020 producing the judgment Annexure-A in O.P.No.27438/2000, according to which the payment to the contractors shall be made strictly in accordance with the priority. The respondents have stated that the petitioner in W.P.(C) No.12254/2020 is serial no.6 and petitioner in W.P.(C) No.12275/2020 is serial no.21. In Annexure-C priority list, persons who completed the work in 2016 and 2017 are also waiting for the payment. According to the respondents, payment can be made only in accordance with the priority and a huge amount is due from the Government. It is stated that due to scarcity of funds, payment could not be made.
The learned counsel for the petitioner points out the difficulty faced by the contractors on account of delay in payment. Since there is no dispute with respect to the completion of work based on the contract awarded to the petitioners, there shall be a direction to the respondents to see that payment is made in accordance with the priority as expeditiously as possible. The Corporation shall take earnest efforts to see that the payment is made at the earliest.
Accordingly, the writ petition is disposed of.”
W.A.No.1595 OF 2020
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Writ appeal fails and it is dismissed.
SD/S.MANIKUMAR
CHIEF JUSTICE
SD/SHAJI P. CHALY JUDGE
jes
1 issue framed by the court
Whether the appellant can ignore the priority list for payment without a fixed time limit being a ground for interference.
Bijeesh.E
Kozhikode Corporation
S.Manikumar
Shaji P.Chaly
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
