T.M.Abdul Hameed Khan v. Government of Kerala
Case brief
What is this about?
The court held that writ petitions seeking interest under completed contracts are infructuous as principal amounts were already paid. However, liberty was granted to approach lower courts for the interest claim, with pendency excluded from limitation.
What did the court decide?
Writ petitions closed as infructuous with liberty to approach civil court for interest claiming; pendency excluded from limitation period.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 27TH DAY OF JANUARY 2021/7TH MAGHA, 1942 WP(C).No.14940 OF 2016(N)
PETITIONER:
REJUMON VARGHESE, S/O.K.P.VARGHESE, AGED 33 YEARS, CONTRACTOR, KALLOOKKARAN HOUSE, ANGAMALY SOUTH P.O., ERNAKULAM DISTRICT.
BY ADVS. SRI.BABU JOSEPH KURUVATHAZHA SRI.P.T.ABHILASH
RESPONDENTS:
1 GOVERNMENT OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF AGRICULTURE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.
- 2 SECRETARY TO GOVERNMENT, DEPARTMENT OF FINANCE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.
- 3 KERALA LAND DEVELOPMENT CORPORATION LIMITED TC 11/570, MUSEUM, BAINS COMPOUND, THIRUVANANTHAPURAM - 695 003, REPRESENTED BY ITS MANAGING DIRECTOR.
Issues for consideration
3 issues framed by the court
Whether the writ petitions seeking payment of interest under completed contracts remain maintainable once the principal amounts are confirmed as paid.
Whether this Court can adjudicate disputed questions of fact regarding the payment of principal amounts in a writ petition.
Whether the period of pendency in these writ petitions should be excluded from the limitation period for filing a fresh claim for interest in civil court.
Parties & counsel
- petitioner
Rejumon Varghese
- petitioner
T.M. Abdul Hameed Khan
- respondent
Government of Kerala
- respondent
Kerala Land Development Corporation Limited
- respondent
NABARD
Case details
As recorded by the court registry
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