Remanded

Aji C. v. Vaikom Municipality

Kerala HC11 Nov 2020WP(C)/8168/2014

Case brief

AI extract

What is this about?

Three writ petitions filed by a contractor regarding mutual financial claims with the Vaikom Municipality involving licence fees payable and contractor dues admitted by the municipality. Pending for years, the court directed the municipality to take a decision within three months after hearing.

What did the court decide?

Directing the Municipality to take a decision within three months after hearing the petitioner; no coercive steps against the petitioner till then.

Aji C. Vs Vaikom Municipality — Contract and Commercial Disputes | Kerala HC (2020)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

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THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

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WEDNESDAY, THE 11TH DAY OF NOVEMBER 2020 / 20TH KARTHIKA, 1942

¶5

WP(C).No.5181 OF 2012(W)

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PETITIONER:

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AJI C, AGED 40 YEARS, S/O.CHANDRAN, THILAMKANDATHIL HOUSE, ARATTUKULANGARA, VAIKOM P.O., KOTTAYAM DISTRICT.

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BY ADVS. SRI.BABU JOSEPH KURUVATHAZHA SRI.T.K.BIJU (MANJINIKARA)

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RESPONDENTS:

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1 VAIKOM MUNICIPALITY REPRESENTED BY ITS SECRETARY, OFFICE OF THE VAIKOM MUNICIPALITY, VAIKOM, KOTTAYAM DISTRICT, PIN 686141.

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2 VAIKOM MUNICIPAL COUNCIL REPRESENTED BY ITS CHAIRPERSON, OFFICE OF THE VAIKOM MUNICIPALITY, VAIKOM, KOTTAYAM DISTRICT, PIN 686141.

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R1 BY ADV. SRI.JOSE KURIAKOSE (VILANGATTIL) R1 BY ADV. SRI.C.I.ABRAHAM R1 BY ADV. SRI.GEORGE KARITHANAM VARGHESE R1 BY ADV. SRI.JOSE KURIAKOSE VILANGATTIL

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11.11.2020, ALONG WITH WP(C).27829/2013(C), WP(C).8168/2014(U), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).Nos.5181/12, 27829/13 & 8168/14

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..2..

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶17

PRESENT

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THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

¶19

WEDNESDAY, THE 11TH DAY OF NOVEMBER 2020 / 20TH KARTHIKA, 1942

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WP(C).No.27829 OF 2013

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PETITIONER:

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AJI C, AGED 41 YEARS, S/O.CHANDRAN,THILAMKANDATHIL HOUSE,ARATTUKULANGARA,VAIKOM P.O,KOTTAYAM DISTRICT

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BY ADVS. SRI.BABU JOSEPH KURUVATHAZHA SRI.T.K.BIJU (MANJINIKARA)

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RESPONDENTS:

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1 VAIKOM MUNICIPALITY REPRESENTED BY ITS SECRETARY,OFFICE OF THE VAIKOM MUNICIPALITY,VAIKOM,KOTTAYAM DISTRICT PIN 686 141

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2 VAIKOM MUNICIPAL COUNCIL REPRESENTED BY ITS CHAIRPERSON,OFFICE OF THE VAIKOM MUNICIPALITY,VAIKOM,KOTTAYAM DISTRICT PIN 686 141

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3 THE MUNICIPAL ENGINEER VAIKOM MUNICIPALITY,VAIKOM KOTTAYAM DISTRICT PIN 686 141

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R1 BY ADV. SRI.C.I.ABRAHAM R1 BY ADV. SRI.GEORGE KARITHANAM VARGHESE R1 BY ADV. SRI.JOSE KURIAKOSE VILANGATTIL

¶29

WP(C).Nos.5181/12, 27829/13 & 8168/14

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..3..

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R1 BY SMT. SREEKALA. A, SC, VAIKOM MUNICIPALITY

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11.11.2020, ALONG WITH WP(C).5181/2012(W), WP(C).8168/2014(U), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).Nos.5181/12, 27829/13 & 8168/14

¶34

..4..

¶35

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶36

PRESENT

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THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

¶38

WEDNESDAY, THE 11TH DAY OF NOVEMBER 2020 / 20TH KARTHIKA, 1942

¶39

WP(C).No.8168 OF 2014

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PETITIONER:

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AJI C., AGED 42 YEARS, S/O.CHANDRAN, THILAMKANDATHIL HOUSE, ARATTUKULANGARA, VAIKOM P.O., KOTTAYAM DISTRICT.

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BY ADVS. SRI.BABU JOSEPH KURUVATHAZHA SRI.T.K.BIJU (MANJINIKARA)

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RESPONDENTS:

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1 VAIKOM MUNICIPALITY, REPRESENTED BY ITS SECRETARY, OFFICE OF THE VAIKOM MUNICIPALITY, VAIKOM, KOTTAYAM DISTRICT, PIN-686141.

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2 VAIKOM MUNICIPAL COUNCIL, REPRESENTED BY ITS CHAIRPERSON, OFFICE OF THE VAIKOM MUNICIPALITY, VAIKOM, KOTTAYAM DISTRICT, PIN686141.

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3 MUNICIPAL ENGINEER, VAIKOM MUNICIPALITY, VAIKOM, KOTTAYAM DISTRICT, PIN-686141.

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4 DEPUTY TAHSILDAR, REVENUE RECOVERY, VAIKOM, VAIKOM P.O., KOTTAYAM DISTRICT, PIN-686141.

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R1 BY ADV. SMT.A.SREEKALA (VAIKOM) R1 BY ADV. SRI.C.I.ABRAHAM R1 BY ADV. SRI.GEORGE KARITHANAM VARGHESE

¶49

WP(C).Nos.5181/12, 27829/13 & 8168/14

¶50

..5..

¶51

R1 BY ADV. SRI.JOSE KURIAKOSE VILANGATTIL S GOPINATHAN SR GP

¶52

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11.11.2020, ALONG WITH WP(C).5181/2012(W), WP(C).27829/2013(C), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶53

WP(C).Nos.5181/12, 27829/13 & 8168/14

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..6..

¶55

JUDGMENT

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[ WP(C).5181/2012, WP(C).27829/2013, WP(C).8168/2014 ]

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Dated this the 11th day of November 2020

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These writ petitions are filed by Sri. Aji. C. He was a

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contractor, engaged for the construction of Municipal Shopping Complex come Rest House in the Vaikom Municipality. He constructed the building. The Municipal Corporation thereafter, gave licence to run the entire shopping complex to Aji. C. The disputes have twofold in this case. One is related to the claim made by Aji. C as a contractor and the other is the claim made by the Municipality. According to the Municipality, Aji. C defaulted the payment of licence. More than rupees 39 lakhs is due as his licence fee. However, the said amount claimed by the Municipality has been disputed by the petitioner. The Municipality also admits that sum of Rs. 20,95,680/- is due to Aji. C as a contractor.

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These writ petitions are pending before this Court for

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WP(C).Nos.5181/12, 27829/13 & 8168/14

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..7..

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the last more than 6 to 7 years. It is appropriate that the issues are thrashed out in an amicable manner after adverting to the mutual claim. Admittedly, Aji.C surrendered the keys of the shopping complex to the Municipality in the year 2014.

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Accordingly, these writ petitions are disposed of directing the Municipality to take a decision in the matter within a period of three months after hearing the petitioner. Till then, no coercive steps shall be taken against Sri. Aji. C. All issues urged in the writ petitions are

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left open.

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Sd/-

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A.MUHAMED MUSTAQUE

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JUDGE

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WP(C).Nos.5181/12, 27829/13 & 8168/14

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..8..

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APPENDIX OF WP(C) 5181/2012

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PETITIONER'S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE TENDER/QUOTATION NOTICE NO. R3-3710/06 DATED 19/09/2009 PUBLISHED BY THE 1ST RESPONDENT IN THE DESHABHIMANI DAILY DATED 21/09/2009.

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EXHIBIT P2 TRUE COPY OF THE PROCEEDING NO.R33710/06 DATED 23/10/2009 ISSUED BY THE 1ST RESPONDENT. EXHIBIT P3 TRUE COPY OF THE CONDITIONS INCORPORATED FOR RUNNING THE TOWN HALL-CUM-LODGE ISSUED BY THE 1ST RESPONDENT.

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EXHIBIT P4 TRUE COPY OF THE REPRESENTATION DATED 23/08/2010 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.

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EXHIBIT P5 TRUE COPY OF THE RELEVANT PORTION OF THE RESOLUTION OF THE 2ND RESPONDENT DATED 13/09/2010.

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EXHIBIT P6 TRUE COPY OF THE TENDER/QUOTATION NOTICE NO. R3-8179/12 DATED 22/02/2012 PUBLISHED BY THE 1ST RESPONDENT.

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WP(C).Nos.5181/12, 27829/13 & 8168/14

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..9..

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APPENDIX OF WP(C) 27829/2013

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PETITIONER'S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE AGREEMENT NO 33/2005 DATED 4-4-2005 EXCEPT WITH THE TENDER CONDTIONS

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EXHIBIT P2 TRUE PHOTOCOPY OF THE RELEVANT PAGE OF THE COMP[LETION REPORT PREPARED BY THE 3RD RESPONDENT EXHIBIT P3 TRUE COPY OF THE RELEVANT PAGE OF THE BILL BOOK OF THE WORK INVOLVED IN EXT.P1 AGREEMENT EXHIBIT P4 TRUE COPY OF THE REPRESENTATION DATED 17-03-2011 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT EXHIBIT P5 TRUE COPY OF THE NOTIFICATION DATED 19-09-2009 PUBLISHED BY THE 1ST RESPONDENT,IN THE DESHABHIOMANI DAILY DATED 21-09-2009

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EXHIBIT P6 TRUE COPY OF THE RECEIPT NO 027804 DATED 31-03-2010 ISSUED BY THE VAIKOM MUNICIPALITY EXHIBIT P7 TRUE PHOTOCOPY OF THE REPRESENTATION DATED 9-8-2012 SUBMITTED BY THE PETITIOENR BEFORE THE 1ST RESPONDENT EXHIBIT P8 TRUE COPY OF THE REPRESENTATION DATED 4-11-2013 FILED BY THE PETITIOENR BEFORE THE 1ST RESPONDENT

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EXHIBIT P9 TRUE COPY OF THE LETTER DATED 31-102013 ISSUED BY THE STATE BANK OF TRAVANCORE VAIKOM BRANCH

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WP(C).Nos.5181/12, 27829/13 & 8168/14

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..10..

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APPENDIX OF WP(C) 8168/2014

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PETITIONER'S EXHIBITS:

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EXHIBIT P1	TRUE COPY OF THE DT.4-4-2005 EXCEP CONDITIONS.	AGREEMENT NO.33/2005 T WITH THE TENDER
EXHIBIT P2	TRUE COPY OF THE COMPLETION REPORT	RELEVANT PAGE OF THE PREPARED BY R3.
EXHIBIT P3	TRUE COPY OF THE BILL BOOK OF THE EXT.P1 AGREEMENT.	RELEVANT PAGE OF THE WORK INVOLVED IN
EXHIBIT P4	TRUE COPY OF THE 3-2011 SUBMITTED BEFORE THE R2.	REPRESENTATION DT.17- BY THE PETITIONER
EXHIBIT P5	TRUE COPY OF THE 2009 PUBLISHED BY DESHABHIMANI DAIL	NOTIFICATION DT.19-9- R1 IN THE Y DT.21-9-2009.
EXHIBIT P6	TRUE COPY OF THE DT.31-3-2010 ISSU MUNCIPALITY.	RECEIPT NO.027804 ED BY THE VAIKOM
EXHIBIT P7	TRUE COPY OF THE 8-2012 SUBMITTED BEFORE THE R1.	REPRESENTATION DT.9- BY THE PETITIONER
EXHIBIT P8	TRUE COPY OF THE THE AUDIT REPORT 2011-12.	RELEVANT PORTION OF OF R1 FOR THE YEAR
EXHIBIT P9	TRUE COPY OF THE THE MINUTES OF TH R1 HELD ON 28-10-	RELEVANT PORTION OF E COUNCIL MEETING OF 2013.
EXHIBIT P10	TRUE COPY OF THE ISSUED BY R1.	NOTICE DT.12-12-2013
EXHIBIT P10A	TRUE COPY OF THE	DEMAND NOTICE DT.3-3-

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WP(C).Nos.5181/12, 27829/13 & 8168/14

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..11..

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2014 ISSUED BY R4.

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EXHIBIT P11 TRUE COPY OF THE REPRESENTATION DT.173-2014 SUBMITTED BY THE PETITIONER BEFORE THE R4.

Aji C. v. Vaikom Municipality

Case brief

What is this about?

What did the court decide?

Aji C. v. Vaikom Municipality

Case brief

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What did the court decide?

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