The court held that writ petitions filed by contractors for payment under completed contracts were infructuous as principal amounts were already paid, and interest claims necessitate a writ petition.
Writ petitions closed as infructuous with liberty to seek interest in civil court; writ pendency excluded from limitation period.
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 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.
WP(C) Nos.14940/2016, 16108/2016 & 24622/2013
: 2 :
5 NABARD, KERALA REGIONAL OFFICE, POST BOX NO.5613, PUNNEN ROAD, STATUE JUNCTION, THIRUVANANTHAPURAM - 695 039, REPRESENTED BY ITS CHIEF GENERAL MANAGER.
R3-4 BY SRI.A.ABDUL KHARIM, SC, KERALA LAND DEVELOPMENT CORPN. LTD. SRI.SANJAY THAMPI, SC, KERALA LAND DEVELOPMENT CORPORATION LTD. R3-4 BY SRI.BAIJURAJ G., SC, KLDC LTD. R1-2 BY GOVERNMENT PLEADER SMT. RASHMI K.M.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27.01.2021, ALONG WITH WP(C).24622/2013(C), WP(C).16108/2016(K), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) Nos.14940/2016, 16108/2016 & 24622/2013
: 3 :
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.16108 OF 2016
PETITIONER:
T.M.ABDUL HAMEED KHAN, S/O.LATE T.A.MAMMY, AGED 60 YEARS, CONTRACTOR, THATTATHAZHATHU HOUSE, KODANAD, THRITHALLA, MEZHATHUR P.O., PALAKKAD DISTRICT, PIN-679 534.
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.
4 CONSTRUCTION ENGINEER, KERALA LAND DEVELOPMENT CORPORATION LIMITED, 28/725, CHEMBUKAVU, NEAR RAMANILAYAM, THRISSUR - 680 020.
WP(C) Nos.14940/2016, 16108/2016 & 24622/2013
: 4 :
5 NABARD, KERALA REGIONAL OFFICE, POST BOX NO.5613, PUNNEN ROAD, STATUE JUNCTION, THIRUVANANTHAPURAM - 695 039, REPRESENTED BY ITS CHIEF GENERAL MANAGER.
6 Dr.P.G.RAVEENDRANATH, MANAGING DIRECTOR, KERALA LAND DEVELOPMENT CORPORATION LIMITED, TC 11/570, MUSEUM, BAINS COMPOUND, THIRUVANANTHAPURAM - 695 003.
R1 BY GOVERNMENT PLEADER SMT. RASHMI K.M. ADV. SRI.SANJAY THAMPI, SC, KERALA LAND DEVELOPMENT CORPORATION L R3-4 BY SRI.BAIJURAJ G., SC, KLDC LTD. ADV. SRI.A.ABDULKHARIM, SC, KERALA LAND DEVP.CORPN. LTD.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27.01.2021, ALONG WITH WP(C).24622/2013(C), WP(C).14940/2016(N), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) Nos.14940/2016, 16108/2016 & 24622/2013
: 5 :
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.24622 OF 2013
PETITIONER:
REJUMON VARGHESE, AGED 35 YEARS, S/O.K.P.VARGHESE, CONTRACTOR, KOORAN KALLOKKARAN HOUSE, ANGAMALY SOUTH.P.O., ERNAKULAM DISTRICT.
BY ADVS. SRI.BABU JOSEPH KURUVATHAZHA SRI.T.K.BIJU (MANJINIKARA)
RESPONDENTS:
1 KERALA LAND DEVELOPMENT CORPORATION LIMITED, CHEMPUKAVU, THRISSUR, REPRESENTED BY ITS CONSTRUCTION ENGINEER, THRISSUR-680 020.
2 CONSTRUCTION ENGINEER, KERALA LAND DEVELOPMENT CORPORATION LIMITED, CHEMPUKAVU, THRISSUR-680 020.
R1-2 BY SRI.A.ABDULKHARIM, SC, KERALA LAND DEVP.CORPN. LTD. BY ADV. SRI.SANJAY THAMPI, SC, KERALA LAND DEVELOPMENT CORPORATION L R1-2 BY SRI.BAIJURAJ G., SC, KLDC LTD.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27.01.2021, ALONG WITH WP(C).14940/2016(N), WP(C).16108/2016(K), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) Nos.14940/2016, 16108/2016 & 24622/2013 : 6 :
J U D G M E N T
~ ~ ~ ~ ~ ~ ~ ~ ~
Dated this the 27th day of January, 2021
[W.P.(C) Nos.14940/2016, 16108/2016 & 24622/2013]
These writ petitions have been filed by the
petitioners for payment of amounts under contracts which are completed by the petitioners.
As the principal amounts due under the contract have already been paid and since this Court cannot take up issues involving disputed questions of fact, these writ petitions are closed as infructuous, but at the same time, granting
WP(C) Nos.14940/2016, 16108/2016 & 24622/2013 : 7 :
liberty to the petitioners to move civil court or any other appropriate forum claiming interest. If the petitioners make such application before the appropriate forum, needles to say, while considering the issue of limitation, the period of pendency of these writ petitions will be treated as period during which the petitioners have been prosecuting the case in a wrong forum.
Sd/-
N. NAGARESH, JUDGE
aks/27.01.2021
2 issues framed by the court
Whether writ petitions for payment of contract amounts are maintainable when principal amounts are already paid.
Whether the court can adjudicate claims for interest involving disputed questions of fact in a writ petition.
Rejumon Varghease
T.M. Abdul Hameed Khan
Government of Kerala
Kerala Land Development Corporation Limited
NABARD
N. Nagaresh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
