petitioner sought writ relief for delayed payment of admitted contract dues. court directed additional respondent to place matter before State Level Committee and ordered payment within two months, leaving interest open.
direction to 3rd respondent to place matter before State Level Committee at earliest; payment of admitted amount within two months.
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.
WP(C).No.15679 OF 2020(H)
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE SMT. JUSTICE P.V.ASHA
THURSDAY, THE 17TH DAY OF DECEMBER 2020 / 26TH AGRAHAYANA, 1942
WP(C).No.15679 OF 2020(H)
PETITIONER/S:
P.V.BABY
AGED 56 YEARS
S/O. VARIATH, PANJIKARAN HOUSE, ANGAMALY P.O., PIN683 572,ERNAKULAM DISTRICT
BY ADVS. SRI.WILSON URMESE SHRI.MANU HORMIS WILSON
RESPONDENT/S:
1 ANGAMALY MUNICIPALITY REPRESENTED BY ITS SECRETARY, MUNICIPAL OFFICE, ANGAMALY P.O., PIN-683 572, ERNAKULAM DISTRICT
3 ADDL.R3. THE SECRETARY TO GOVERNMENT, LOCAL SELF GOVERNMENT DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001. IS IMPLEADED AS ADDL.R3 AS PER ORDER DATED 18.09.2020 IN IA 1/2020.
SRI. P.P.THAJUDEEN, SC, ANGAMALY MUNICIPALITY
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17.12.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.15679 OF 2020(H)
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JUDGMENT
Dated this the 17th day of December 2020
The petitioner who is a contractor has filed this Writ Petition aggrieved by the delay in making payment for the work he has completed in the year 2019 for which Ext.P4 certificate was issued by the Municipality after conducting measurement. As per the bill the amount due to him is Rs.4,39,701/-.
3 . Learned Government Pleader submits that since the
Municipality did not obtain prior approval from the District Planning Committee, they have to obtain exemption from the Municipal State Level Coordinating Committee for Decentralized Planning. It is stated that the Committee has not met for the
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WP(C).No.15679 OF 2020(H)
last two months and therefore the matter is not placed before the State Level Committee.
Therefore, there shall be a direction to the additional 3rd respondent to see that the matter covered by Annexure R1(c) is placed before the State Level Committee at the earliest for its decision. At any rate payment due to the petitioner which is admitted by the respondent Municipality shall be paid by it within a period of two months. The question of interest is left open.
The Writ Petition is disposed of accordingly.
Sd/-
P.V.ASHA
JUDGE
rkc
WP(C).No.15679 OF 2020(H)
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APPENDIX
PETITIONER'S/S EXHIBITS:
| EXHIBIT P1 | TRUE COPY OF THE TENDER NOTIFICATION PW1 8843/15 DATED 07.06.2017 OF THE 1ST RESPONDENT |
|---|---|
| EXHIBIT P2 | TRUE COPY OF THE TECHNICAL SANTION VIDE ORDER NO.LSGD/TD/2017-18/34336 DATED 20.05.2017 OF THE ASST. EXECUTIVE ENGINEER, OF THE ANGAMALY MUNICIPALITY |
| EXHIBIT P3 | TRUE COPY OF DECISION NO.7 DATED 23.08.2017 OF THE MUNICIPAL COUNCIL ANGAMALY |
| EXHIBIT P4 | TRUE COPY OF THE RUNNING ACCOUNT BILL PW1- 6267/16 WITH WORK MEASUREMENT DETAILS OF THE WORK EXECUTED BY THE PETITIONER, ISSUED UNDER RTI ACT |
| RESPONDENTS' EXHIBITS | |
| ANNX.R1A | TRUE COPY OF THE DECISION OF THE PUBLIC WORKS STANDING COMMITTEE DT.29.2.2020 |
| ANNX.R1B | TRUE COPY OF THE DECISION OF MUNICIPAL COUNCIL DT.30.6.2020 |
| ANNX.R1C | TURE COPY OF THE LETTER NO.PW1-6267/16 DT.28.7.2020 ISSUED BY THE SECRETARY, ANGAMALY MUNICIPALITY TO THE PRINCIPAL SECRETARY, LSGD, THIRUVANANTHAPURAM THROUGH DIRECTOR, URBAN AFFAIR, THIRUVANANTHAPURAM |
3 issues framed by the court
Whether the petitioner can be penalized for the Municipality's failure to obtain prior procedural approvals for payment of dues.
Whether the payment admitted by the Municipality to the petitioner should be discharged within a specific timeline.
Whether the Government Pleader's contention regarding the need for exemption from the State Level Coordinating Committee is addressed.
P.V.Baby
Angamaly Municipality
P.V.Asha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
