Allowed

P.P.Saidalavi v. Kondoty Muncipality

Kerala HC4 Apr 2023WP(C)/7621/2023

Case brief

AI extract

What is this about?

A writ petition filed seeking directions to the respondents regarding the payment of an admitted bill for construction work carried out by the petitioner under the Municipality's specific directions. The court held that upon the petitioner submitting a proper representation to the Secretary, appropriate steps shall be taken to release payments within one month.

What did the court decide?

Direction to release payments for work done within one month of receiving the petitioner's representation to the Secretary of the Municipality.

P.P.Saidalavi Vs Kondoty Muncipality — Contract and Commercial Disputes | Kerala HC (2023)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

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TUESDAY, THE 4^TH DAY OF APRIL 2023 / 14TH CHAITHRA, 1945

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WP(C) NO.7621 OF 2023

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PETITIONER :-

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P.P.SAIDALAVI, AGED 50 YEARS PULLIKKAL PALEKKOTTU HOUSE, CHARAMKUTH, NEDIYIRUPPU POST, KONDOTTY, MALAPPURAM DISTRICT, PIN – 673 638 BY ADVS. K.M.FIROZ M.SHAJNA P.C.MUHAMMED NOUSHIQ

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RESPONDENTS :-

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1 KONDOTY MUNCIPALITY, KONDOTY P.O, MALAPPURAM - 673 638, REPRESENTED BY ITS SECRETARY.

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2 SECRETARY KONDOTY MUNCIPALITY, KONDOTY P.O, MALAPPURAM, PIN – 673 638 3 DEPUTY GENERAL MANAGER, HEAD CONSTRUCTION DIVISION (I/C), KERALA SMALL INDUSTRIES DEVELOPMENT CORPORATION LTD, CONSTRUCTION DIVISION, SANTHI NAGAR, THIRUVANANTHAPURAM, PIN – 695 001

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BY ADV K.A.JALEEL BY SRI.G.BIJU, SC

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04.04.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO.7621 OF 2023

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-: 2 :-

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JUDGMENT

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Dated this the 4th day of April, 2023

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This writ petition is filed seeking directions to the respondents

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to pay the admitted bill amount to the petitioner for the work carried out by the petitioner under the specific directions of the Municipality.

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The learned Standing Counsel appearing for the respondent Municipality submits that the work had to be stopped after part of the work had been completed since it was found that the property in question was included as paddy land in the data bank. It is stated that the Municipality is taking appropriate steps to remove the property from the data bank and to continue the construction. In the meanwhile, it is further stated that appropriate steps to make payments for the work already done by the petitioner will also be taken by the Municipality.

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Having considered the contentions advanced and in view of the fact that it is not disputed by the Municipality that work had been done by the petitioner on the specific directions of the Municipality, there will be a direction that in case the petitioner approaches the Secretary of the Municipality with a proper representation, the same shall be taken up and take appropriate

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WP(C) NO.7621 OF 2023

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-: 3 :-

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steps to release the payments for the work done by the petitioner at the earliest and without undue delay, taking note of Ext.P6 letter issued by the 3^rd respondent. Appropriate steps shall be taken to pass orders on the request made by the petitioner within a period of one month from the date of receipt of the representation from the petitioner as directed above.

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This writ petition is ordered accordingly.

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Sd/ANU SIVARAMAN JUDGE

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Jvt/11.4.2023

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WP(C) NO.7621 OF 2023

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-: 4 :-

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APPENDIX OF WP(C) 7621/2023

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PETITIONER EXHIBITS

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Exhibit	P1 TRUE COPY OF THE E-TENDER NOTICE DATED 11.01.2022 ISSUED BY THE THIRD RESPONDENT
Exhibit	P2 TRUE COPY OF THE SELECTION NOTICE DATED 05.02.2022 ISSUED BY THE THIRD RESPONDENT
Exhibit	P3 A TRUE COPY OF THE WORK ORDER DATED 08.02.2022 ISSUED BY THE 3RD RESPONDENT
Exhibit	P3(a) TRUE COPY OF THE AGREEMENT HAVING NO. KSCDN/59/2021 DATED 08.02.2022 BETWEEN THE PETITIONER AND THE 3ND RESPONDENT
Exhibit	P4 TRUE COPY OF THE TRIPARTITE AGREEMENT DATED 10.02.2022 BETWEEN PETITIONER, 2ND RESPONDENT AND THIRD RESPONDENT
Exhibit	P5 TRUE COPY OF THE STOP MEMO DATED 17.08.2022 ISSUED BY THE SECOND RESPONDENT
Exhibit	P6 TRUE COPY OF THE LETTER DATED 15.11.2022 SENT BY THE 3RD RESPONDENT TO 2ND RESPONDENT

P.P.Saidalavi v. Kondoty Muncipality

Case brief

What is this about?

What did the court decide?

P.P.Saidalavi v. Kondoty Muncipality

Case brief

What is this about?

What did the court decide?

What the court decided

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