Dismissed

R.P.Janardanan v. the Secretary, Travancore Devaswom Board

Kerala HC12 Jan 2021WP(C)/21114/2020

Case brief

AI extract

What is this about?

The High Court of Kerala dismissed a writ petition where the petitioner sought relief for delayed payment of consultancy fees. Noting that a final bill had already been raised, the court closed the petition but granted liberty to the petitioner to approach the respondents if further deficiencies arose.

What did the court decide?

petition closed with liberty to petitioner to approach respondents for deficiency in payment.

R.P.Janardanan Vs the Secretary, Travancore… — Contract and Commercial Disputes | Kerala HC (2021)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE SMT. JUSTICE P.V.ASHA

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TUESDAY, THE 12TH DAY OF JANUARY 2021 / 22TH POUSHA, 1942

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WP(C).No.21114 OF 2020(L)

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PETITIONER:

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R.P.JANARDANAN AGED 69 YEARS S/O. K. PERUMAL, SAI NIVAS, MELE PLAVARTHALA LANE, THAMALAM, POOJAPPURA P. O., THIRUVANANTHAPURAM - 695 012.

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BY ADV. SRI.J.G.SYAMNATH

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RESPONDENTS:

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1 THE SECRETARY, TRAVANCORE DEVASWOM BOARD, NANTHANCODE, THIRUVANANTHAPURAM - 695 003.

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2 THE CHIEF ENGINEER TRAVANCORE DEVASWOM BOARD, NANTHANCODE, THIRUVANANTHAPURAM - 695 003.

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3 THE EXECUTIVE ENGINEER TRAVANCORE DEVASWOM BOARD, MAVELIKKARA, ALAPPUZHA - 690 101.

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R1-3 BY ADV. SRI.G.BIJU

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.21114 OF 2020(L)

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JUDGMENT

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Dated this the 12th day of January 2021

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The Writ petition is filed on account of the delay in payment towards the work done by the petitioner. It is stated that the petitioner had carried out the work

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of construction of sculptures and vigrahams on the basis of Ext.P1 selection notice issued as early as on 16.08.2006. Though a part payment was already made towards the same, a sum of Rs.3,92,331/- was deducted from the bill amount. The contention of the petitioner in the Writ Petition is that a sum of Rs.5,10,031/- is unlawfully withheld by the respondents for the past 12 years.

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The learned Standing counsel submits that, final bill for a sum of Rs.4,08,391/- was raised on 01.01.2021 and payment was made to the petitioner. At

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the same time the learned counsel for the petitioner submits that a sum of Rs.3,80,000/- alone has been paid to him. According to the learned counsel for the

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WP(C).No.21114 OF 2020(L)

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petitioner, the amount due is more than 5,00,000/-.

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When a final bill is already raised, the petitioner will be free to take up the matter with the respondents if he is aggrieved by any deficiency in payment.

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The Writ petition is closed with liberty to the petitioner to take up the matter with the respondents.

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Sd/P.V.ASHA JUDGE

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WP(C).No.21114 OF 2020(L)

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXHIBIT P1	TRUE COPY OF THE SELECTION NOTICE ISSUED TO THE PETITIONER BY THE 3RD RESPONDENT DATED 16.08.2006.
EXHIBIT P2	TRUE COPY OF THE LETTER DATED 02.04.2012 FROM THE CHIEF ENGINEER (GENERAL) TO THE RESPONDENTS.
EXHIBIT P3	TRUE COPY OF THE LETTER DATED 14.08.2012 FROM THE 2ND RESPONDENT TO THE 3RD RESPONDENT.
EXHIBIT P4	TRUE COPY OF THE LETTER DATED 15.05.2019 FROM THE 3RD RESPONDENT TO THE 2ND RESPONDENT.
EXHIBIT P5	TRUE COPY OF THE REPRESENTATION FILED BY THE PETITIONER TO THE 1ST RESPONDENT DATED 12.02.2014.
EXHIBIT P6	TRUE COPY OF THE REPRESENTATION FILED BY THE PETITIONER TO THE 3RD RESPONDENT DATED 16.03.2019.

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RESPONDENTS EXHIBITS : NIL

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//TRUE COPY//

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PA TO JUDGE

R.P.Janardanan v. the Secretary, Travancore Devaswom Board

Case brief

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R.P.Janardanan v. the Secretary, Travancore Devaswom Board

Case brief

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