Disposed

Sebastian M.A v. Kochi Municipal Corporation

Kerala HC6 Dec 2022WP(C)/5769/2021

Case brief

AI extract

What is this about?

In two writ petitions, the Court directed the Secretary of the Cochin Corporation to consider the petitioner's claim to settle unpaid bills out of the seniority list, considering medical emergencies and bank recovery proceedings, within one month.

What did the court decide?

Directing the Secretary to consider the petitioner's claim for settlement of bills out of turn based on medical requirements and bank recovery proceedings within one month.

Sebastian M.A Vs Kochi Municipal… — Constitutional and Fundamental Rights | Kerala HC (2022)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR.JUSTICE N.NAGARESH

¶4

TUESDAY, THE 6^TH DAY OF DECEMBER 2022 / 15TH AGRAHAYANA, 1944 WP(C) NO. 5769 OF 2021

¶5

PETITIONER:

¶6

SEBASTIAN M.A AGED 42 YEARS S/O. LATE M.C.ANTONY, MULLOTH HOUSE, MEENCHIRA ROAD, AIMS, PONEKKARA P.O., ERNAKULAM DISTRICT-682041.

¶7

BY ADVS. KALEESWARAM RAJ SRI.VARUN C.VIJAY KUM.THULASI K. RAJ

¶8

RESPONDENTS:

¶9

1 KOCHI MUNICIPAL CORPORATION REPRESENTED BY ITS SECRETARY, KOCHI MUNICIPAL CORPORATION, ERNAKULAM DISTRICT-682011.

¶10

2 THE SUPERINTENDING ENGINEER (LSGD), KOCHI MUNICIPAL CORPORATION, ERNAKULAM DISTRICT-682011.

¶11

3 STATE OF KERALA, REPRESENTED BY SECRETARY, LOCAL SELF GOVERNMENT, SECRETARIAT, THIRUVANANTHAPURAM-695001.

¶12

BY ADV SRI.K.B.ARUNKUMAR

¶13

SMT.VIDYA KURIAKOSE GP

¶14

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06.12.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶15

¶16

WP(C) No.5769 & 30601 OF 2021

¶17

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶18

PRESENT

¶19

THE HONOURABLE MR.JUSTICE N.NAGARESH

¶20

TUESDAY, THE 6^TH DAY OF DECEMBER 2022 / 15TH AGRAHAYANA,

¶21

1944

¶22

WP(C) NO. 30601 OF 2021

¶23

PETITIONER:

¶24

SEBASTIAN M.A., AGED 42 YEARS S/O. LATE M C ANTONY, MULLOTH HOUSE, MEENCHIRA ROAD, AIMS, PONEKKARA P.O., ERNAKULAM DISTRICT 682 041.

¶25

BY ADVS. KALEESWARAM RAJ VARUN C.VIJAY THULASI K. RAJ

¶26

RESPONDENTS:

¶27

1 STATE OF KERALA REPRESENTED BY SECRETARY, LOCAL SELF GOVERNMENT, SECRETARIAT, THIRUVANANTHAPURAM 695 001.

¶28

2 KOCHI MUNICIPAL CORPORATION, REPRESENTED BY ITS SECRETARY, KOCHI MUNICIPAL CORPORATION, ERNAKULAM DISTRICT 682 011.

¶29

3 THE SUPERINTENDING ENGINEER, KOCHI MUNICIPAL CORPORATION, ERNAKULAM DISTRICT 682 011.

¶30

¶31

WP(C) No.5769 & 30601 OF 2021

¶32

4 EDAPALY SERVICE COOPERATIVE BANK LTD, REPRESENTED BY SECRETARY, EDAPPALLY RAGHAVAN PILLAI RD, PUNNAKKAL, ELAMAKKARA ERNAKULAM 682 026.

¶33

5 UNION BANK OF INDIA, REPRESENTED BY MANAGER, ELAMAKKARA BRANCH, R.P. MEMORIAL BUILDING, PUTHUKKOLAVATTOM ROAD, ELAMAKKARA, ERNAKULAM 682 026.

¶34

BY ADVS. R.HARISHANKAR Sadchith P Kurup SHRI.A.S.P.KURUP, SC, UBI(SC-520) C.P.ANIL RAJ(K/872/2007)

¶35

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06.12.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶36

¶37

WP(C) No.5769 & 30601 OF 2021

¶38

J U D G M E N T

¶39

Dated this the 6^th day of December, 2022

¶40

In both these writ petitions the claim of the petitioner is relating to the bills presented by him for the work undertook for and on behalf of the Corporation of Cochin.

¶41

The petitioner states that after undertaking the works, the petitioner satisfactorily completed the work. Though the petitioner submitted bills for the work done, the Corporation authorities have not cared to make payment. The inordinate delay in honouring the bills of the petitioner is causing undue hardship to the petitioner, as the petitioner has raised the amounts required to complete the work by availing financial advances from Banks paying interest at commercial rates.

¶42

Standing Counsel representing the Corporation of

¶43

Cochin submitted that there are a large number of contractors to whom bills are payable by the Corporation. The Corporation is

¶44

¶45

WP(C) No.5769 & 30601 OF 2021

¶46

paying of the debts on the basis of a seniority list duly drawn. The petitioner can be paid his dues only as and when his turn comes as per the seniority list.

¶47

The petitioner submits that though the respondents are following a seniority list, in exceptional cases of medical emergency and other needs, the respondents have taken a decision to make payment out of turn, departing from the seniority list. The petitioner would submit that the petitioner's mother had to undergo a surgery and he also had to make a knee reconstruction surgery. Apart from those medical requirements, the Banks are also after the petitioner for recovery of the amounts through coercive proceedings. This is evident from Exts.P7 to P10 in W.P.(C.)No.5769/2021 and Exts.P2 to P4 in W.P.(C.) No.30601/2021. Therefore, the respondents are compellable to honour the bills of the petitioner out of turn and to make payment forthwith.

¶48

¶49

WP(C) No.5769 & 30601 OF 2021

¶50

Standing Counsel representing Bank submits that

¶51

there is no revenue recovery initiated so far and there is no immediate threat of revenue recovery.

¶52

I have heard the learned counsel for the petitioner

¶53

and the Standing Counsel representing the respondents.

¶54

Standing Counsel for Cochin Corporation brought to the notice of this Court the judgments delivered by this Court in writ petition filed by the petitioner himself in W.P.(C.) No.16201/2019. Standing Counsel relied on the judgments in W.P.(C.) Nos.34027/2019 and 9766/2022 also.

¶55

Though the respondents are following a seniority list

¶56

for making payment dues to the contractors, it is discernible from these judgments that in exceptional cases the Corporation has reserved a discretion to make payment out of turn.

¶57

In view of the above, the writ petitions are disposed of directing the Secretary to the Corporation to consider the claim of the petitioner for settlement of bills out of turn departing from

¶58

¶59

WP(C) No.5769 & 30601 OF 2021

¶60

the seniority list on the basis of medical requirements projected by the petitioner in Exts.P11 and P12 in W.P.(C.)No.5769 of 2021 and Ext.P5 in W.P.(C.) No.30601 of 2021 and taking into consideration the coercive proceedings initiated by the Bank authorities as per Exts.P7 to P10 in W.P.(C.) No.5769 of 2021 and Exts.P2 to P4 in W.P.(C.) No.30601 of 2021. A decision in this regard shall be taken within a period of one month.

Sd/-

ams

WP(C) No.5769 & 30601 OF 2021

¶65

APPENDIX OF WP(C) 5769/2021

¶66

PETITIONER'S EXHIBITS

¶67

EXHIBIT P1	TRUE COPY OF THE CERTIFICATE DATED 7.1.2021 ISSUED BY THE KOCHI MUNICIPAL CORPORATION.
EXHIBIT P2	TRUE COPY OF THE JUDGEMENT DATED 29.6.2020 IN WP(C)NO.21692 OF 2018.
EXHIBIT P3	TRUE COPY OF THE JUDGMENT DATED 25.2.2019 IN WP(C) NO.4368 OF 2019.
EXHIBIT P4	TRUE COPY OF THE JUDGEMENT DATED 26.2.2019 IN WP(C) NO.3881 OF 2019.
EXHIBIT P5	TRUE COPY OF THE INTERIM ORDER DATED 5.4.2018 IN WP(C) NO.7960 OF 2018.
EXHIBIT P6	TRUE COPY OF THE RELEVANT PAGE OF INTERIM ORDER DATED 14.8.2020 IN WP(C) 16450 OF 2020.
EXHIBIT P7	TRUE COPY OF THE NOTICE DATED 9.2.2021 ISSUED BY THE UNION BANK SHOWING RS.40,39,802 AS THE DUE AMOUNT.
EXHIBIT P8	TRUE COPY OF THE NOTICE DATED 9.2.2021 ISSUED BY THE UNION BANK SHOWING RS.8,05,095 AS THE DUE AMOUNT.
EXHIBIT P9	TRUE COPY OF THE NOTICE DATED 9.2.2021 ISSUED BY THE EDAPALLY SERVICE CO- OPERATIVE BANK LTD., MAROTTYCHUVADU BRANCH TO THE PETITIONER SHOWING RS.4,58,330/- AS THE DUE AMOUNT.
EXHIBIT P10	TRUE COPY OF THE NOTICE DATED 9.2.2021 ISSUED BY THE EDAPALLY SERVICE CO- OPERATIVE BANK LTD., MAROTTYCHUVADU BRANCH TO THE PETITIONER SHOWING RS.9,16,660/- AS THE DUE AMOUNT.
EXHIBIT P11	TRUE COPY OF THE MEDICAL CERTIFICATE DATED 25.5.2019 ISSUED BY RAJAGIRI

¶68

¶69

WP(C) No.5769 & 30601 OF 2021

¶70

HOSPITAL ERNAKULAM.

¶71

EXHIBIT P12 TRUE COPY OF THE MEDICAL CERTIFICATE DATED 5.9.2019 ISSUED BY THE MBR MEDICAL TRUST SPECIALISTS' HOSPITAL.

¶72

¶73

WP(C) No.5769 & 30601 OF 2021

¶74

APPENDIX OF WP(C) 30601/2021

¶75

PETITIONER'S EXHIBITS

¶76

Exhibit P1 TRUE COPY OF WORK BILL ISSUED BY THE 2ND RESPONDENT. Exhibit P2 TRUE COPY OF THE NOTICE DATED 16.09.2021 ISSUED BY THE 4TH RESPONDENT BANK SHOWING RS. 80, 539/- AS THE DUE AMOUNT. Exhibit P3 TRUE COPY OF NOTICE DATED 01.10.2021 ISSUED BY THE 5TH RESPONDENT BANK. Exhibit P4 TRUE COPY OF NOTICE DATED 16.09.2021 ISSUED BY THE 4TH RESPONDENT BANK SHOWING RS.1,61,069/- AS THE DUE AMOUNT. Exhibit P5 TRUE COPY OF THE MEDICAL CERTIFICATE DATED 25.05.2019 ISSUED BY THE RAJAGIRI HOSPITAL ALUVA. Exhibit P6 COPY OF THE RTI QUESTIONNAIRE DATED 4.1.2022 Exhibit P7 COPY OF THE INTERIM ORDER DATED 5.4.2018 IN WPC 7960/2018 Exhibit P8 COPY OF THE COPY OF THE JUDGMENT DATED 6.6.2018 IN WPC NO 7960 Exhibit P10 TRUE COPY OF THE RTI QUESTIONNAIRE DATED 11/03/2022. Exhibit P11 TRUE COPY OF THE JUDGMENT DATED 25/02/2019 IN WPC.NO.4368/019. Exhibit P12 TRUE COPY OF THE INTERIM ORDER DATED 05/04/2018 IN WPC.NO.7960/2018. Exhibit P13 TRUE COPY OF THE INTERIM ORDER DATED 11/04/2018 IN WPC.NO.2864/2018. Exhibit P14 TRUE COPY OF THE JUDGMENT DATED 19/09/2018 IN WPC.NO.2864/2018. Exhibit P15 TRUE COPY OF THE INTERIM ORDER DATED 05/09/2019 IN WPCNO.23382/2019.

¶77

¶78

WP(C) No.5769 & 30601 OF 2021

¶79

Exhibit P16 TRUE COPY OF THE JUDGEMENT DATED 24/09/2019 IN WPC.NO.25375/2019. Exhibit P17 TRUE COPY OF THE JUDGEMENT DATED 09/11/2021 IN WPC.NO.7992/2021.

Sebastian M.A v. Kochi Municipal Corporation

Case brief

What is this about?

What did the court decide?

Sebastian M.A v. Kochi Municipal Corporation

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Parties & counsel

Coram

Case details

Similar cases

Suresh Thaloor Vs Kerala State Election Commission

Rajeev Joseph Vs Thrissur Municipal Corporation

Binil M.K. Vs the Rayamangalam Grama Panchayat

Josekutty Vs State of Kerala

K.K. Ibrahim Vs State of Kerala

P.Chandrasekharan Pillai Vs Kollam Municipal Corporation