Allowed

Husain.M v. Perinthalmanna Municipality

Kerala HC8 Aug 2022WP(C)/4387/2022

Case brief

AI extract

What is this about?

This court disposed of three connected writ petitions concerning delay in payment of construction bills by Perinthalmanna Municipality to the petitioner contractor. Relying on a prior judgment regarding the same municipality, the court directed the respondents to disburse 50% of amounts due within three months and the balance within a further three months, leaving the claim for interest open.

What did the court decide?

Disbursement of 50% of amounts due under bills within 3 months and the balance 50% within a further 3 months. The claim for interest left open.

Husain.M Vs Perinthalmanna Municipality — Service and Employment | Kerala HC (2022)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR.JUSTICE V.G.ARUN

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MONDAY, THE 8^TH DAY OF AUGUST 2022 / 17TH SRAVANA, 1944 WP(C) NO. 4387 OF 2022

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PETITIONER:

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HUSAIN.M S/O. LATE ABDUL RASAK HAJI, AGED 43 YEARS, MANNETHODI HOUSE, VELLUMBRAM P.O,POOKKOTTUR VILLAGE, ERNAD TALUK, MALAPPURAM DISTRICT, PIN - 673642 BY ADV BIJU ABRAHAM

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RESPONDENTS:

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1 PERINTHALMANNA MUNICIPALITY PERINTHALMANNA P.O., PERINTHALMANNA, REPRESENTED BY ITS SECRETARY, PIN - 679322 2 THE CHAIRMAN PERINTHALMANNA MUNICIPALITY,PERINTHALMANNA P.O., PERINTHALMANNA, PIN - 679322 3 THE MUNICIPAL ENGINEER PERINTHALMANNA MUNICIPALITY, PERINTHALMANNA P.O., PERINTHALMANNA, PIN - 679322 4 THE SECRETARY TO GOVERNMENT LOCAL SELF GOVERNMENT DEPARTMENT, SECRETARIAT P.O., THIRUVANANTHAPURAM , PIN - 695011 5 DIRECTOR OF URBAN AFFAIRS SWARAJ BHAVAN, NANDANCODU, KAVADIYAR P.O., THIRUVANANTHAPURAM , PIN - 695003 BY ADV SHRI.P.C.SASIDHARAN, SC, PERINTHALMANNA MUNICIPALITY

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OTHER PRESENT:

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GP P.S.APPU

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.08.2022, ALONG WITH WP(C).4579/2022, 4697/2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P(c)No.4387,4579,4697 of 2022

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR.JUSTICE V.G.ARUN

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MONDAY, THE 8^TH DAY OF AUGUST 2022 / 17TH SRAVANA, 1944 WP(C) NO. 4579 OF 2022

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PETITIONER:

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HUSAIN M S/O. LATE ABDUL RASAK HAJI, AGED 43 YEARS, MANNETHODI HOUSE, VELLUMBRAM P.O, POOKKOTTUR VILLAGE, ERNADTALUK, MALAPPURAM DISTRICT , PIN - 673642 BY ADV BIJU ABRAHAM

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RESPONDENTS:

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1 PERINTHALMANNA MUNICIPALITY PERINTHALMANNA P.O., PERINTHALMANNA, REPRESENTED BY ITS SECRETARY, PIN - 679322

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2 THE CHAIRMAN PERINTHALMANNA MUNICIPALITY,PERINTHALMANNA P.O., PERINTHALMANNA, PIN - 679322

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3 THE MUNICIPAL ENGINEER PERINTHALMANNA MUNICIPALITY, PERINTHALMANNA P.O., PERINTHALMANNA, PIN - 679322

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4 THE SECRETARY TO GOVERNMENT LOCAL SELF GOVERNMENT DEPARTMENT, SECRETARIAT P.O., THIRUVANANTHAPURAM , PIN - 695001 BY ADV SHRI.P.C.SASIDHARAN, SC, PERINTHALMANNA MUNICIPALITY

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.08.2022, ALONG WITH WP(C).4387/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P(c)No.4387,4579,4697 of 2022

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR.JUSTICE V.G.ARUN

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MONDAY, THE 8^TH DAY OF AUGUST 2022 / 17TH SRAVANA, 1944

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WP(C) NO. 4697 OF 2022

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PETITIONER:

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HUSAIN. M AGED 43 YEARS S/O. LATE ABDUL RASAK HAJI, MANNETHODI HOUSE, VELLUMBRAM P.O, POOKKOTTUR VILLAGE, ERNADTALUK, MALAPPURAM DISTRICT, PIN - 673642 BY ADV BIJU ABRAHAM

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RESPONDENTS:

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1 PERINTHALMANNA MUNICIPALITY

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PERINTHALMANNA P.O., PERINTHALMANNA REPRESENTED BY ITS SECRETARY, PIN - 679322 2 THE CHAIRMAN, PERINTHALMANNA MUNICIPALITY PERINTHALMANNA P.O., PERINTHALMANNA, PIN - 679322

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3 THE MUNICIPAL ENGINEER

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PERINTHALMANNA MUNICIPALITY, PERINTHALMANNA P.O., PERINTHALMANNA, PIN - 679322

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4 THE SECRETARY TO GOVERNMENT LOCAL SELF GOVERNMENT DEPARTMENT, SECRETARIAT P.O., THIRUVANANTHAPURAM , PIN - 695001 BY ADV SHRI.P.C.SASIDHARAN, SC, PERINTHALMANNA MUNICIPALITY

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.08.2022, ALONG WITH WP(C).4387/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P(c)No.4387,4579,4697 of 2022

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JUDGMENT

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Dated this the 8^th day of August, 2022

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The petitioner had been entrusted with certain construction works by the first respondent Municipality. The petitioner completed to work to the satisfaction of the Municipality and raised his bills. This writ petition filed aggrieved by the inordinate delay in disbursing

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the amounts due under the bills.

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Learned Counsel for the petitioner submitted that delay is causing substantial prejudice to the petitioner and his other works are being affected due to paucity funds.

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Learned Standing Counsel submitted that the Municipality is facing acute financial crisis consequent to Covid and the lock down. As such, it is impossible for the Municipality to raise the funds for honoring the bills.

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Learned Counsel for the petitioner made available a copy of the judgment in W.P(C) No.5621/2022 pertaining to the same Municipality,

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W.P(c)No.4387,4579,4697 of 2022

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wherein this court, after considering all aspects, had directed the Municipality to pay 50% of the bill amount within 3 months and the balance 50%, within a further period of 3 months. I am in respectful agreement with the directions in the aforementioned judgment. The financial crisis faced by the Municipality does not justify the inordinate delay in disbursing the amounts due to a contractor, who satisfactorily completed the works awarded to him.

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In the result, the writ petition is disposed of directing respondents 1 & 2 to disburse 50% of the amounts due under the bills raised by the petitioner within 3 months of receipt of the copy of this judgment and the balance 50%, within 3 months thereafter. The claim for interest raised by the petitioner is left open to be agitated before d at the appropriate forum.

Sd/-

V.G. ARUN

JUDGE

AP/8-8

APPENDIX OF WP(C) 4579/2022

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PETITIONER EXHI ExhibitP1	BITS A TRUE COPY OF THE CONTRACT CERTIFICATE IN RESPECT OF AGREEMENT NO. 23/20-21 DATED 05- 06-2020
ExhibitP2	A TRUE COPY OF THE REQUEST MADE BY THE PETITIONER TO THE 3RD RESPONDENT IN CONNECTION WITH THE TARRING WORK DATED 19- 03-2020
ExhibitP3	A TRUE COPY OF THE REMINDER DATED 25-10- 2021 GIVEN BY THE PETITIONER TO THE 3RD RESPONDENT
ExhibitP4	A TRUE COPY OF THE DEMAND NOTICE SENT BY THE PETITIONER TO THE RESPONDENTS DATED 12- 11-2021
ExhibitP5	A TRUE COPY OF THE CONTRACT CERTIFICATE IN RESPECT OF AGREEMENT NO. 53/19-20 DATED 03- 12-2019
ExhibitP6	A TRUE COPY OF THE REQUEST MADE BY THE PETITIONER TO THE 3RD RESPONDENT IN CONNECTION WITH THE TARRING WORK DATED 19- 03-2020
ExhibitP7	A TRUE COPY OF THE REMINDER DATED 25-10- 2021 GIVEN BY THE PETITIONER TO THE 3RD RESPONDENT
ExhibitP8	A TRUE COPY OF THE DEMAND NOTICE SENT BY THE PETITIONER TO THE RESPONDENTS DATED 12- 11-2021
ExhibitP9	A TRUE COPY OF THE CONTRACT CERTIFICATE IN RESPECT OF AGREEMENT NO. 41/19-20 DATED 31- 10-2019
ExhibitP10	A TRUE COPY OF THE REQUEST MADE BY THE PETITIONER TO THE 3RD RESPONDENT DATED 19- 03-2020
ExhibitP11	A TRUE COPY OF THE REMINDER DATED 25-10- 2021 GIVEN BY THE PETITIONER TO THE 3RD RESPONDENT
ExhibitP12	A TRUE COPY OF THE DEMAND NOTICE SENT BY THE PETITIONER TO THE RESPONDENTS DATED 12- 11-2021
ExhibitP13	A TRUE COPY OF THE CONTRACT CERTIFICATE IN RESPECT OF AGREEMENT NO. 34/19-20 DATED 28- 09-2019
ExhibitP14	A TRUE COPY OF THE REQUEST MADE BY THE PETITIONER TO THE 3RD RESPONDENT DATED 19- 03-2020
ExhibitP15	A TRUE COPY OF THE REMINDER DATED 25-06-

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2021 GIVEN BY THE PETITIONER TO THE 3RD RESPONDENT ExhibitP16 A TRUE COPY OF THE DEMAND NOTICE SENT BY THE PETITIONER TO THE RESPONDENTS DATED 1211-2021 ExhibitP17 A TRUE COPY OF THE CONTRACT CERTIFICATE IN RESPECT OF AGREEMENT NO. 71/20-21 DATED 1708-2020 ExhibitP18 A TRUE COPY OF THE REQUEST MADE BY THE PETITIONER TO THE 3RD RESPONDENT DATED 1903-2020 ExhibitP19 A TRUE COPY OF THE REMINDER DATED 25-102021 GIVEN BY THE PETITIONER TO THE 3RD RESPONDENT ExhibitP20 A TRUE COPY OF THE DEMAND NOTICE SENT BY THE PETITIONER TO THE RESPONDENTS DATED 1211-2021

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APPENDIX OF WP(C) 4697/2022

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PETITIONER EXHIBITS
ExhibitP1 A TRUE COPY OF THE CONTRACT CERTIFICATE IN RESPECT OF AGREEMENT NO. 158/18-19 DATED 11-03-2019
ExhibitP2 A TRUE COPY OF THE REQUEST MADE BY THE PETITIONER TO THE 3RD RESPONDENT IN CONNECTION WITH THE TARRING WORK DATED 19- 03-2021
ExhibitP3 A TRUE COPY OF THE DEMAND NOTICE SENT BY THE PETITIONER TO THE RESPONDENTS DATED 12- 11-2021
ExhibitP4 A TRUE COPY OF THE CONTRACT CERTIFICATE IN RESPECT OF AGREEMENT NO. 11/19-20 DATED 02- 09-2019
ExhibitP5 A TRUE COPY OF THE REQUEST MADE BY THE PETITIONER TO THE 3RD RESPONDENT IN CONNECTION WITH THE TARRING WORK DATED 16- 10-2020
ExhibitP6 A TRUE COPY OF THE DEMAND NOTICE SENT BY THE PETITIONER TO THE RESPONDENTS DATED 12- 11-2021
ExhibitP7 A TRUE COPY OF THE CONTRACT CERTIFICATE IN RESPECT OF AGREEMENT NO. 116/19-20 DATED 18-12-2019
ExhibitP8 A TRUE COPY OF THE REQUEST MADE BY THE PETITIONER TO THE 3RD RESPONDENT DATED 16- 10-2020
ExhibitP9 A TRUE COPY OF THE DEMAND NOTICE SENT BY THE PETITIONER TO THE RESPONDENTS DATED 12- 11-2021
ExhibitP10 A TRUE COPY OF THE CONTRACT CERTIFICATE IN RESPECT OF AGREEMENT NO. 122/19-20 DATED 18-12-2019
ExhibitP11 A TRUE COPY OF THE REQUEST MADE BY THE PETITIONER TO THE 3RD RESPONDENT DATED 19- 03-2021
ExhibitP12 A TRUE COPY OF THE REMINDER DATED 16-10- 2020 GIVEN BY THE PETITIONER TO THE 3RD RESPONDENT
ExhibitP13 A TRUE COPY OF THE DEMAND NOTICE SENT BY THE PETITIONER TO THE RESPONDENTS DATED 12- 11-2021
ExhibitP14 A TRUE COPY OF THE CONTRACT CERTIFICATE IN RESPECT OF AGREEMENT NO. 121/19-20 DATED 18-12-2019
ExhibitP15 A TRUE COPY OF THE REQUEST MADE BY THE PETITIONER TO THE 3RD RESPONDENT DATED 19-

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ExhibitP16	03-2021 A TRUE COPY OF THE REMINDER DATED 16-10- 2020 GIVEN BY THE PETITIONER TO THE 3RD RESPONDENT
ExhibitP17	A TRUE COPY OF THE DEMAND NOTICE SENT BY THE PETITIONER TO THE RESPONDENTS DATED 12- 11-2021
ExhibitP18	A TRUE COPY OF THE CONTRACT CERTIFICATE IN RESPECT OF AGREEMENT NO. 88/19-20 DATED 30- 01-2020
ExhibitP19	A TRUE COPY OF THE REQUEST MADE BY THE PETITIONER TO THE 3RD RESPONDENT DATED 16- 03-2021
ExhibitP20	A TRUE COPY OF THE REMINDER DATED 25-06- 2021 GIVEN BY THE PETITIONER TO THE 3RD RESPONDENT
ExhibitP21	A TRUE COPY OF THE DEMAND NOTICE SENT BY THE PETITIONER TO THE RESPONDENTS DATED 12- 11-2021
ExhibitP22	A TRUE COPY OF THE CONTRACT CERTIFICATE IN RESPECT OF AGREEMENT NO. 107/19-20 DATED 02-03-2020
ExhibitP23	A TRUE COPY OF THE REQUEST MADE BY THE PETITIONER TO THE 3RD RESPONDENT DATED 25- 06-2021
ExhibitP24	A TRUE COPY OF THE DEMAND NOTICE SENT BY THE PETITIONER TO THE RESPONDENTS DATED 12- 11-2021
ExhibitP25	A TRUE COPY OF THE CONTRACT CERTIFICATE IN RESPECT OF AGREEMENT NO. 106/19-20 DATED 02-03-2020
ExhibitP26	A TRUE COPY OF THE REQUEST MADE BY THE PETITIONER TO THE 3RD RESPONDENT DATED 19- 03-2021
ExhibitP27	A TRUE COPY OF THE DEMAND NOTICE SENT BY THE PETITIONER TO THE RESPONDENTS DATED 12- 11-2021
ExhibitP28	A TRUE COPY OF THE CONTRACT CERTIFICATE IN RESPECT OF AGREEMENT NO. 19/20-21 DATED 05- 06-2020
ExhibitP29	A TRUE COPY OF THE REQUEST MADE BY THE PETITIONER TO THE 3RD RESPONDENT DATED 16- 03-2021
ExhibitP30	A TRUE COPY OF THE REMINDER DATED 25-06- 2021 GIVEN BY THE PETITIONER TO THE 3RD RESPONDENT
ExhibitP31	A TRUE COPY OF THE DEMAND NOTICE SENT BY THE PETITIONER TO THE RESPONDENTS DATED 12- 11-2021

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ExhibitP32	A TRUE COPY OF THE RESPECT OF AGREEME 06-2020	CONTRACT CERTIFICATE IN NT NO. 20/20-21 DATED 05-
ExhibitP33	A TRUE COPY OF THE PETITIONER TO THE 03-2021	REQUEST MADE BY THE 3RD RESPONDENT DATED 18-
ExhibitP34	A TRUE COPY OF THE 2021 GIVEN BY THE RESPONDENT	REMINDER DATED 25-06- PETITIONER TO THE 3RD
ExhibitP35	A TRUE COPY OF THE THE PETITIONER TO 11-2021	DEMAND NOTICE SENT BY THE RESPONDENTS DATED 12-
ExhibitP36	A TRUE COPY OF THE RESPECT OF AGREEME 12-08-2020	CONTRACT CERTIFICATE IN NT NO. 102/20-21 DATED
ExhibitP37	A TRUE COPY OF THE THE PETITIONER TO 11-2021	DEMAND NOTICE SENT BY THE RESPONDENTS DATED 12-
ExhibitP38	A TRUE COPY OF THE RESPECT OF AGREEME 04-11-2020	CONTRACT CERTIFICATE IN NT NO. 258/20-21 DATED
ExhibitP39	A TRUE COPY OF THE 2021 GIVEN BY THE RESPONDENT	REMINDER DATED 25-06- PETITIONER TO THE 3RD
ExhibitP40	A TRUE COPY OF THE THE PETITIONER TO 11-2021	DEMAND NOTICE SENT BY THE RESPONDENTS DATED 12-

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APPENDIX OF WP(C) 4387/2022

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PETITIONER EXHI	BITS
ExhibitP1	A TRUE COPY OF RESPECT OF THE 14-09-2020	THE AGR	CONTRACT CERTIFICATE IN EEMENT NO.141/20-21 DATED
ExhibitP2	A TRUE COPY OF RESPECT OF THE 14-09-2020	THE AGR	CONTRACT CERTIFICATE IN EEMENT NO.146/20-21 DATED
ExhibitP3	A TRUE COPY OF RESPECT OF THE	THE AGR	CONTRACT CERTIFICATE IN EEMENT 147/20-21
ExhibitP4	A TRUE COPY OF RESPECT OF THE 14-09-2020	THE AGR	CONTRACT CERTIFICATE IN EEMENT 149/20-21 DATED
ExhibitP5	A TRUE COPY OF RESPECT OF THE DATED 14-09-20	THE AGR 20	CONTRACT CERTIFICATE IN EEMENT NO. 150/20-21
ExhibitP6	A TRUE COPY OF RESPECT OF THE 14-01-2021	THE AGR	CONTRACT CERTIFICATE IN EEMENT NO.294/20-21 DATED
ExhibitP7	A TRUE COPY OF TO THE RESPOND	THE ENTS	LETTER DATED 12-11-2021 BY THE PETITIONER

Husain.M v. Perinthalmanna Municipality

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Husain.M v. Perinthalmanna Municipality

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