Writ petitions by contractors completing work for Kozhikode Corporation challenging payment delay. Court directed respondents to expedite payment based on priority lists due to completed works and submitted bills.
Direction to respondents to ensure payment is made in accordance with priority as expeditiously as possible.
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 SMT. JUSTICE P.V.ASHA
MONDAY, THE 19TH DAY OF OCTOBER 2020 / 27TH ASWINA, 1942
WP(C).No.12254 OF 2020(F)
PETITIONER:
P.GANESHAN, AGED 48 YEARS, S/O.CHATHU.T.P., PUTHALATHU HOUSE, PANTHERANKAVE (PO), KOZHIKODE DISTRICT.
BY ADVS. SRI.P.V.ANOOP SRI.PHIJO PRADEESH PHILIP
RESPONDENTS:
1 KOZHIKODE CORPORATION, REPRESENTED BY ITS SECRETARY, OFFICE OF THE KOZHIKODE CORPORATION, KOZHIKODE, PIN - 673 032.
4 THE ASSISTANT ENGINEER, LSGD, KOZHIKODE CORPORATION, KOZHIKODE, PIN - 673 032.
BY ADVS. SRI.V.KRISHNA MENON SMT.VINITHA.B. GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19.10.2020, ALONG WITH WP(C).12275/2020(H), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.12254 and 12275 of 2020
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE SMT. JUSTICE P.V.ASHA
MONDAY, THE 19TH DAY OF OCTOBER 2020 / 27TH ASWINA, 1942
WP(C).No.12275 OF 2020(H)
PETITIONER:
BIJEESH.E, AGED 39 YEARS, S/O.KRISHNAN, EDAKANDY HOUSE, KOLATHARA (PO), KOZHIKODE DISTRICT.
BY ADV. SRI.P.V.ANOOP
RESPONDENTS:
1 KOZHIKODE CORPORATION, REPRESENTED BY ITS SECRETARY, OFFICE OF THE KOZHIKODE CORPORATION, KOZHIKODE, PIN-673 032.
BY ADVS. SRI.V.KRISHNA MENON SMT.VINITHA.B. GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19.10.2020, ALONG WITH WP(C).12254/2020(F), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.12254 and 12275 of 2020
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JUDGMENT
The petitioners in both these cases were awarded contract for construction of covering slabs to drainage in various wards in the Kozhikode Corporation/laying of road and both of them have completed the work after executing agreement with the respondents. Bills were also submitted before the Corporation. They are aggrieved by the delay in payment.
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
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W.P.(C) No.12254 and 12275 of 2020
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. Sd/-
P.V.ASHA JUDGE
ww
W.P.(C) No.12254 and 12275 of 2020
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APPENDIX OF WP(C) 12254/2020
PETITIONER'S EXHIBITS: EXHIBIT P1 TRUE COPY OF THE ACKNOWLEDGEMENT FOR HANDING OVER THE SITE TO THE PETITIONER DATED 23.03.2017. EXHIBIT P2 TRUE COPY OF THE RELEVANT PAGES OF THE FINAL BILL SUBMITTED BY THE PETITIONER TO THE RESPONDENTS. EXHIBIT P3 TRUE COPY OF THE JUDGMENT DATED 11.03.2020 IN WP(C) NO.1108 OF 2020.
W.P.(C) No.12254 and 12275 of 2020
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APPENDIX OF WP(C) 12275/2020
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE AGREEMENT DATED 26.11.2016 IN RESPECT OF THE PETITIONER TO THE 1ST RESPONDENT.
EXHIBIT P2 TRUE COPY OF THE WORK ORDER NO.B2/EG/7652/ 14 DATED 09.12.2016. EXHIBIT P3 TRUE COPY OF THE RELEVANT PAGES OF THE FINAL BILL DATED 24.05.2018 SUBMITTED BY THE PETITIONER TO THE RESPONDENTS. EXHIBIT P4 TRUE COPY OF THE JUDGMENT DATED 11.03.2020 IN W.P.(C) NO.1108 OF 2020.
2 issues framed by the court
Whether the petitioners entitled to immediate payment for completed work.
Whether the Corporation can rely on scarcity of funds to delay payment.
2 provisions across 2 enactments
P. Ganeshan
Bijeesh. E
Kozhikode Corporation
Accounts Officer, Kozhikode Corporation
Superintendent Engineer, Kozhikode Corporation
The Assistant Engineer
P.V. Asha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
