Disposed

B.Prathapachandran v. Corporation of Trivandrum

Kerala HC11 Jul 2022WP(C)/5340/2016

Case brief

AI extract

What is this about?

The Court disposed of a writ petition seeking direction to the Corporation of Thiruvananthapuram to pay outstanding bills for completed contract works. Noting that six years elapsed since the petition's admission without resolution, the Court held nothing survived for consideration and left the petitioner liberty to pursue further action if dues remain. No substantive law was applied.

What did the court decide?

Writ petition disposed of leaving open liberty to petitioner to pursue further action if anything remains to be paid.

B.Prathapachandran Vs Corporation of… — Contract and Commercial Disputes | Kerala HC (2022)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

¶4

MONDAY, THE 11^TH DAY OF JULY 2022 / 20TH ASHADHA, 1944

¶5

WP(C) NO. 5340 OF 2016

¶6

PETITIONER:

¶7

B.PRATHAPACHANDRAN, AGED 57 YEARS, T.C.48/242, AMBALATHARA, POONTHURA P.O., TRIVANDRUM.

¶8

BY ADVS.SRI.K.L.NARASIMHAN SRI.N.KRISHNA PRASAD SRI.A.MOHAMMED FAIZAL

¶9

RESPONDENTS:

¶10

1 CORPORATION OF TRIVANDRUM

¶11

REPRESENTED BY THE SECRETARY, THIRUVANANTHAPURAM 695 026

¶12

2 THE CORPORATION ENGINEER

¶13

THIRUVANANTHAPURAM CORPORATION 695 026

¶14

BY ADV SRI.N.NANDAKUMARA MENON (SR.)

¶15

SRI.P.K.MANOJ KUMAR, SC

¶16

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11.07.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶17

W.P.(C)No.5340 of 2016

¶18

:: 2 ::

¶19

JUDGMENT

¶20

Dated this the 11^th day of July 2022

¶21

This writ petition is filed by the petitioner seeking the following reliefs:

¶22

i) to issue a writ of mandamus or any other appropriate writ, direction or order directing the respondents to effect payment to the petitioner on the basis of the bills in respect of works referred to in paragraph 15 of the writ petition and as duly recorded in the measurement books forthwith within a reasonable time frame to be fixed by this Hon'ble Court.

¶23

ii) to declare that the non payment of amounts to the petitioner for the works done by him and legally due to him is arbitrary and illegal.

¶24

iii) to hold that non payment for the work done by the petitioner taken over and put to use, amounts to denial of the right of the petitioner to eke out life as a registered contractor.

¶25

The grievance of the petitioner is that in spite of completion of

¶26

the contract work, payments due to the petitioner is not paid by the Corporation.

¶27

When the writ petition was admitted to the files of this court, the Thiruvananthapuram Corporation and the Secretary were directed to settle the outstanding bills submitted by the petitioner and disburse the admitted amount within a period of two months. Now six years have elapsed from the date of filing of the writ petition. At this

¶28

W.P.(C)No.5340 of 2016

¶29

:: 3 ::

¶30

distance of time, I cannot presume that anything survives to be considered. Therefore, after perusing the pleadings and documents on record, writ petition is disposed of leaving open the liberty of the petitioner to pursue further action, if anything remains to be paid to the petitioner in regard to the contract awarded, which is subject matter of consideration in the writ petition.

¶31

Writ petition is disposed of.

¶32

Sd/SHAJI P. CHALY JUDGE

¶33

jes

¶34

W.P.(C)No.5340 of 2016

¶35

:: 4 ::

¶36

APPENDIX

¶37

PETITIONER'S EXHIBITS:

¶38

EXHIBIT P1 A TRUE COPY OF THE SELECTION NOTICE ISSUED TO THE PETITIONER DATED 30.01.2013 ISSUED BY THE 2ND RESPONDENT.

¶39

EXHIBIT P2 TRUE COPY OF THE DETAILS OF PAYMENT MADE RECORDED IN PAGES 27 OF THE M.BOOK NO.2619/ 2011-12 OF CORPORATION OF THIRUVANANTHAPURAM.

¶40

EXHIBIT P3 TRUE COPY OF FINAL BILL RECORDED IN PAGES 33 TO 48 OF THE M-BOOK NO.2614 OF 2011-12 AND PAGES 1 TO 3 OF M-BOOK 407/14-15 OF CORPORATION OF THIRUVANANTHAPURAM.

¶41

EXHIBIT P4 A TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 13.01.2016 BEFORE THE SUPERINTENDING ENGINEER, CORPORATION OF THIRUVANANTHAPURAM.

¶42

EXHIBIT P4(A) TRUE COPY OF THE ACKNOWLEDGMENT RECEIPT IN RESPECT OF EXT.P4 REPRESENTATION.

¶43

EXHIBIT P5 TRUE COPY OF THE REPRESENTATION BY THE PETITIONER TO THE SECOND RESPONDENT ON 18.12.2015.

¶44

EXHIBIT P5(A) TRUE COPY OF THE ACKNOWLEDGEMENT RECEIPT IN RESPECT OF EXT.P5 REPRESENTATION.

¶45

EXHIBIT P6 A TRUE COPY OF THE SELECTION NOTICE DATED 13.12.2013 ISSUED BY THE SECOND RESPONDENT.

¶46

EXHIBIT P7 A TRUE COPY OF THE REPRESENTATION DATED 18.12.2015 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.

¶47

// TRUE COPY //

¶48

P.S. TO JUDGE

B.Prathapachandran v. Corporation of Trivandrum

Case brief

What is this about?

What did the court decide?

B.Prathapachandran v. Corporation of Trivandrum

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Vinoj Vs State of Kerala

C.Rajan Pillai Vs the State of Kerala

Paikattuchali Alavi Vs the Kondotty Municipality

George M.D. Vs Katampazhipuram Grama Panchayat

A. Damodaran Nair Vs Elikkulam Grama Panchayat

M/S. Anugraha Timber Industries Vs Vengola Grama Panchayat