The High Court of Kerala disposed of a writ petition directing the 5th respondent to disburse the due amount under the 5th part bill within two weeks after the lower authority cured a defect.
Order directed the 5th respondent to disburse the amount due under the 5th part bill (Ext.P10) within two weeks of receipt of a copy of this judgment.
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 V.G.ARUN
MONDAY, THE 12TH DAY OF DECEMBER 2022 / 21ST AGRAHAYANA, 1944
W.P.(C) NO.12269 OF 2021
PETITIONER:
UBAIDULLA T.K., AGED 56 YEARS, VALIYA VEETTIL(H), VAZHAKKAD (P.O.), MALAPPURAM, PIN-673 640.
BY ADVS. JACOB P.ALEX JOSEPH P.ALEX MANU SANKAR P.
RESPONDENTS:
1 UNION OF INDIA REPRESENTED BY ITS SECRETARY, MINISTRY OF MINORITY AFFAIRS, 11TH FLOOR, PT.DEENDAYAL ANTYODAYA BHAVAN, CGO COMPLEX, LODHI ROAD, NEW DELHI,PIN-110 003.
2 STATE OF KERALA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF MINORITY WELFARE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM,PIN-695 001.
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W.P.(C) NO.12269 OF 2021
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12.12.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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W.P.(C) NO.12269 OF 2021
JUDGMENT
Dated this the 12th day of December, 2022
From the submissions made by the learned Standing Counsel for the Municipality and the learned Government Pleader, it is clear that the Municipality has cured the defect pointed out from the office of the District Collector and has re-submitted the bill on 24.12.2022.
The writ petition is hence disposed of directing the 5th respondent to disburse the amount due under the 5th part bill (Ext.P10) within two weeks of receipt of a copy of this judgment.
Sd/-
V.G. ARUN JUDGE
bpr
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W.P.(C) NO.12269 OF 2021
APPENDIX OF WP(C) 12269/2021
PETITIONER'S EXHIBITS
| EXHIBIT P1 | TRUE COPY OF THE 1ST RESPONDENT BE MOMA DATED 20.03. |
COMMUNICATION ISSUED BY THE ARING NO.13/31/2019-MSDP- 2019 |
|---|---|---|
| EXHIBIT P2 | TRUE COPY OF THE NO.FRBL/LOA/19-29 ISSUED BY THE 6TH |
LETTER OF AWARD BEARING 0/94/54 DAED 17.10.2019 RESPONDENT TO PETITIONER |
| EXHIBIT P3 | TRUE COPY OF THE ENTERED INTO BETW RESPONDENT |
AGREEMENT DATED 06.11.2019 EEN PETITIONER AND 6TH |
| EXHIBIT P4 | TRUE COPY OF THE NO.2066/PROJECT/2 ISSUED BY THE 4TH RESPONDENT |
COMMUNICATION BEARING 018/MWD DATED 15.09.2020 RESPONDENT TO THE 5TH |
| EXHIBIT P5 | TRUE COPY OF THE BILL DATED 05.10. |
RELEVANT PAGES OF 3RD PART 2020 IN RESPECT OF THE WORK |
| EXHIBIT P6 | TRUE COPY OF THE BILL DATED 24.12. |
RELEVANT PAGES OF 4TH PART 2020 IN RESPECT OF THE WORK |
| EXHIBIT P7 | TRUE COPY OF THE 22/PMC/108/GM/10 THE 6TH RESPONDEN |
LETTER DATED FRBL/2021- DATED 27.05.2021 ISSUED BY T TO THE PETITIONER |
| EXHIBIT P8 | TRUE COPY OF THE 08.06.2021 SUBMIT BEFORE THE 1ST RE |
REPRESENTATION DATED TED BY THE PETITIONER SPONDENT |
| EXHIBIT P9 | TRUE COPY OF THE 08.06.2021 SUBMIT BEFORE THE 2ND RE |
REPRESENTATION DATED TED BY THE PETITIONER SPONDENT |
| EXHIBIT P10 | TRUE COPY OF THE PART BILL DATED 0 RS 10,07,779/- (R THOUSAND SEVEN HU ONLY). |
RELEVANT PAGES OF THE 5TH 1-03-2022 FOR AN AMOUNT OF UPEES TEN LAKHS AND SEVEN NDRED AND SEVENTY NINE |
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W.P.(C) NO.12269 OF 2021
RESPONDENTS' ANNEXURES
ANNEXURE R3(A) A TRUE PHOTOCOPY OF THE COVERING LETTER VIDE NO.E1-5579/22, DATED 27.05.2022 SENT BY THE 3RD RESPONDENT MUNICIPALITY TO THE 5TH RESPONDENT DISTRICT COLLECTOR, MALAPPURAM.
UBAIDULLA T.K.
UNION OF INDIA REPRESENTED BY ITS SECRETARY, MINISTRY OF MINORITY AFFAIRS
STATE OF KERALA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF MINORITY WELFARE
PONNANI MUNICIPALITY REPRESENTED BY ITS SECRETARY
DIRECTORATE OF MINORITY WELFARE REPRESENTED BY ITS SECRETARY
DISTRICT COLLECTOR, MALAPPURAM
V.G. ARUN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
