Allowed

Haskar.M v. Perinthalmanna Municipality

Kerala HC10 Aug 2022WP(C)/5408/2022

Case brief

AI extract

What is this about?

The High Court of Kerala disposed of two writ petitions regarding non-payment of contract bills by the Petintalmanna Municipality for completed public works, directing immediate payment of 50% dues within three months.

What did the court decide?

Directing the respondents to pay 50% of the amounts due to petitioners within three months and the balance 50% within a further period of three months.

Haskar.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 N.NAGARESH WEDNESDAY, THE 10^TH DAY OF AUGUST 2022/

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19TH SRAVANA, 1944

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WP(C) NO. 4761 OF 2022

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PETITIONER

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HUSAIN. M AGED 43 YEARS

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S/O. LATE ABDUL RASAK HAJI, MANNETHODI HOUSE, VELLUMBRAM P.O, POOKKOTTUR VILLAGE, ERNAD TALUK, MALAPPURAM DISTRICT, PIN – 673642

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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

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W.P(C) No.4761 & 5408 of 2022 2 ]

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5 DIRECTOR OF URBAN AFFAIRS SWARAJ BHAVAN, NANDANCODU, KAVADIYAR P.O., THIRUVANANTHAPURAM , PIN – 695003

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BY ADV SHRI.P.C.SASIDHARAN, SC, PERINTHALMANNA MUNICIPALITY

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10.08.2022, ALONG WITH WP(C).5408/2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P(C) No.4761 & 5408 of 2022 3 ]

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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 N.NAGARESH WEDNESDAY, THE 10^TH DAY OF AUGUST 2022 /

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19TH SRAVANA, 1944 WP(C) NO. 5408 OF 2022

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PETITIONER

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1 HASKAR.M AGED 41 YEARS S/O. UMMER, MANNETHODI HOUSE, VELLUMBRAM P.O., POOKKOTTUR VILLAGE, ERNAD TALUK, MALAPPURAM DISTRICT, PIN – 673642

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BY ADV BIJU ABRAHAM

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RESPONDENTS

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1 PERINTHALMANNA MUNICIPALITY PERINTHALMANNA P.O, PERINTHALMANNA, RERPESENTED BY TS 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 –679322

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BY ADV SHRI.P.C.SASIDHARAN, SC,PERINTHALMANNA MUNICIPALITY

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10.08.2022, ALONG WITH WP(C).4761/2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P(C) No.4761 & 5408 of 2022 4 ]

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J U D G M E N T

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Dated this the 10^th day of August, 2022

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[WP(C) Nos.4761/2022, 5408/2022]

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The petitioners are before this Court aggrieved

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by the non-payment of contract bills in spite of submission of Final Bills even though the works were completed without any complaint.

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The petitioners state that the petitioners undertook the works of the 1^st respondent-Municipality relating to construction of drainages and pathway. The petitioners completed the works and submitted Final Bills. The Demand Notices sent by the petitioners for payment of Bills were of no avail. In the circumstances, the petitioners pray that the respondents be directed to

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pay the amounts due to the petitioners within a time frame, with reasonable interest.

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W.P(C) No.4761 & 5408 of 2022 5 ]

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Standing Counsel entered appearance and resisted the writ petition. The Standing Counsel denied all the allegations made by the petitioners in the writ petition. The Standing Counsel further submitted that the Municipality is facing acute financial crunch and is not able to meet the Bills raised by various contractors immediately. The Municipality will be paying the amounts due to the petitioners and others as and when the Municipality can raise funds in due course of time.

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Heard.

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The fact that the petitioners have undertaken

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the works at the instance of the Municipality is admitted. The fact that the petitioners have completed the works satisfactorily is not disputed. The petitioners had submitted their Bills. In such circumstances, after extracting work from the petitioners, the respondents cannot take a stand that they have financial difficulty and payments will be made only as and when funds

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W.P(C) No.4761 & 5408 of 2022 6 ]

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are raised.

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The writ petitions are therefore disposed of directing the respondents to pay 50% of the amounts found due to the petitioners within a period of three months and the balance 50% within a further period of three months. The issue of payment of interest is left open.

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Sd/-

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N. NAGARESH, JUDGE

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smm/17.08.2022

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W.P(C) No.4761 & 5408 of 2022 7 ]

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APPENDIX OF WP(C) 4761/2022

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PETITIONER EXHIBITS

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ExhibitP1 A TRUE COPY OF THE CONTRACT CERTIFICATE IN RESPECT OF AGREEMENT NO. 142/20-21 ExhibitP2 A TRUE COPY OF THE CONTRACT CERTIFICATE IN RESPECT OF AGREEMENT NO. 153/20-21 DATED 14-09-2020 ExhibitP3 A TRUE COPY OF THE CONTRACT CERTIFICATE IN RESPECT OF AGREEMENT NO. 160/20-21 DATED 1409-2020 ExhibitP4 A TRUE COPY OF THE CONTRACT CERTIFICATE IN RESPECT OF AGREEMENT NO. 252/20-21 DATED 0411-2020 ExhibitP5 A TRUE COPY OF THE CONTRACT CERTIFICATE IN RESPECT OF AGREEMENT NO. 253/20-21 DATED 0411-2020 ExhibitP6 A TRUE COPY OF THE CONTRACT CERTIFICATE IN RESPECT OF AGREEMENT NO. 254/20-21 DATED 0411-2020 ExhibitP7 A TRUE COPY OF THE CONTRACT CERTIFICATE IN RESPECT OF AGREEMENT NO. 259/20-21 DATED 0411-2020 ExhibitP8 A TRUE COPY OF THE DEMAND NOTICE SENT BY THE PETITIONER TO THE RESPONDENTS DATED 12-11-2021

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W.P(C) No.4761 & 5408 of 2022 8 ]

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APPENDIX OF WP(C) 5408/2022

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PETITIONER EXHIBITS

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Exhibit P1	A TRUE COPY CERTIFICATE	OF IN	THE CONTRACT RESPECT OF
	AGREEMENT NO 08-2020	.	103/20-21 DATED 12-
Exhibit P2	A TRUE COPY SENT BY THE RESPONDENTS	OF PE DA	THE DEMAND NOTICE TITIONER TO THE TED 12-11-2021
Exhibit P3	. A TRUE COP CERTIFICATE AGREEMENT NO 06-2020	Y IN .	OF THE CONTRACT RESPECT OF 07/20-21 DATED 15-
Exhibit P4	A TRUE COPY SENT BY THE RESPONDENTS	OF PE DA	THE DEMAND NOTICE TITIONER TO THE TED 12-11-2021
Exhibit P5	A TRUE COPY CERTIFICATE AGREEMENT NO 09-2019	OF IN .	THE CONTRACT RESPECT OF 05/19-20 DATED 08-
Exhibit P6	A TRUE COPY SENT BY THE RESPONDENTS	OF PE DA	THE DEMAND NOTICE TITIONER TO THE TED 12-11-2021
Exhibit P7	A TRUE COPY CERTIFICATE	OF IN	THE CONTRACT RESPECT OF
	AGREEMENT NO 06-2020	.	03/20-21 DATED 15-
Exhibit P8	A TRUE COPY SENT BY THE RESPONDENTS	OF PE DA	THE DEMAND NOTICE TITIONER TO THE TED 12-11-2021
Exhibit P9	A TRUE COPY CERTIFICATE AGREEMENT NO 06-2020	OF IN .	THE CONTRACT RESPECT OF 16/20-21 DATED 15-
Exhibit P10	A TRUE COPY SENT BY THE RESPONDENTS	OF PE DA	THE DEMAND NOTICE TITIONER TO THE TED 12-11-2021
Exhibit P11	A TRUE COPY CERTIFICATE	OF IN	THE CONTRACT RESPECT OF
	AGREEMENT NO	.	18/20-21 DATED 5-06-

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W.P(C) No.4761 & 5408 of 2022 9 ]

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2020

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Exhibit P12 A TRUE COPY OF THE DEMAND NOTICE SENT BY THE PETITIONER TO THE RESPONDENTS DATED 12-11-2021 Exhibit P13 A TRUE COPY OF THE CONTRACT CERTIFICATE IN RESPECT OF AGREEMENT NO. 10/20-21 DATED 1506-2020 Exhibit P14 A TRUE COPY OF THE DEMAND NOTICE SENT BY THE PETITIONER TO THE RESPONDENTS DATED 12-11-2021 Exhibit P15 A TRUE COPY OF THE CONTRACT CERTIFICATE IN RESPECT OF AGREEMENT NO. 47/19-20 DATED 1610-2019 Exhibit P16 A TRUE COPY OF THE DEMAND NOTICE SENT BY THE PETITIONER TO THE RESPONDENTS DATED 12-11-2021 Exhibit P17 A TRUE COPY OF THE CONTRACT CERTIFICATE IN RESPECT OF AGREEMENT NO. 06/19-20 DATED 0209-2019 Exhibit P18 A TRUE COPY OF THE DEMAND NOTICE SENT BY THE PETITIONER TO THE RESPONDENTS DATED 12-11-2021 Exhibit P19 A TRUE COPY OF THE CONTRACT CERTIFICATE IN RESPECT OF AGREEMENT NO. 105/19-20 DATED 0203-2019 Exhibit P20 A TRUE COPY OF THE DEMAND NOTICE SENT BY THE PETITIONER TO THE RESPONDENTS DATED 12-11-2021 Exhibit P21 A TRUE COPY OF THE CONTRACT CERTIFICATE IN RESPECT OF AGREEMENT NO. 56/19-20 DATED 1610-2019 Exhibit P22 A TRUE COPY OF THE DEMAND NOTICE SENT BY THE PETITIONER TO THE RESPONDENTS DATED 12-11-2021 Exhibit P23 A TRUE COPY OF THE CONTRACT CERTIFICATE IN RESPECT OF

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W.P(C) No.4761 & 5408 of 2022 10 ]

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	AGREEMENT N 12-2019	O. 118/19-20 DATED 18-
Exhibit P24	A TRUE COPY SENT BY THE RESPONDENTS	OF THE DEMAND NOTICE PETITIONER TO THE DATED 12-11-2021
Exhibit P25	A TRUE COPY CERTIFICATE AGREEMENT N 02-2020	OF THE CONTRACT IN RESPECT OF O. 108/19-20 DATED 02-
Exhibit P26	A TRUE COPY SENT BY THE RESPONDENTS	OF THE DEMAND NOTICE PETITIONER TO THE DATED 12-11-2021
Exhibit P27	A TRUE COPY CERTIFICATE	OF THE CONTRACT IN RESPECT OF
	AGREEMENT N 10-2019	O. 50/19-20 DATED 16-
Exhibit P28	A TRUE COPY SENT BY THE RESPONDENTS	OF THE DEMAND NOTICE PETITIONER TO THE DATED 12-11-2021
Exhibit P29	A TRUE COPY CERTIFICATE	OF THE CONTRACT IN RESPECT OF
	AGREEMENT N 09-2019	O. 12/19-20 DATED 02-
Exhibit P30	A TRUE COPY SENT BY THE	OF THE DEMAND NOTICE PETITIONER TO THE
	RESPONDENTS	DATED 12-11-2021

Haskar.M v. Perinthalmanna Municipality

Case brief

What is this about?

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Haskar.M v. Perinthalmanna Municipality

Case brief

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