Kerala High Court
Shibu Thomas vs State Of Kerala on 15 January, 2021
Author: P.V.Asha
Bench: P.V.Asha
W.P(C).No.12318/2020-L 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE SMT. JUSTICE P.V.ASHA
FRIDAY, THE 15TH DAY OF JANUARY 2021 / 25TH POUSHA, 1942
WP(C).No.12318 OF 2020(L)
PETITIONER:
SHIBU THOMAS
S/O.THOMAS, KAIMANIL HOUSE,
URUKUNNU, PUNALOOR.P.O, KOLLAM.
BY ADV. SRI.R.JAIKRISHNA
RESPONDENTS:
1 STATE OF KERALA
LOCAL SELF GOVERNMENT DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM, G.P.O., THIRUVANANTHAPURAM-
695001, REPRESENTED BY PRINCIPAL SECRETARY.
2 ASSISTANT ENGINEER,
OFFICE OF THE ASSISTANT ENGINEER, L.S.G.D. SECTION,
PUNALUR MUNICIPALITY, PUNALUR.P.O, KOLLAM-691307.
3 ASSISTNAT EXECUTIVE ENGINEER,
OFFICE OF THE ASSISTANT EXECUTIVE ENGINEER, L.S.G.D
SUB DIVISION, PUNALUR MUNICIPALITY, PUNALUR.P.O,
KOLLAM-691307.
4 PUNALUR MUNICIPALITY
PUNALUR.P.O, KOLLAM-691307,
REPRESENTED BY ITS SECRETARY.
5 SECRETARY,
PUNALUR MUNICIPALITY, PUNALUR.P.O,
KOLLAM-691307.
6 DISTRICT PLANNING COMMITTEE,
DISTRICT PLANNING OFFICE, COLLECTORATE,
KANKATTU MUKKU.P.O, KOLLAM-691013.
REPRESENTED BY ITS CHAIRPERSON.
R5 BY SHRI.MANOJ RAMASWAMY, SC,PUNALUR MUNICIPALITY
SMT.VINITHA.B, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
15.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P(C).No.12318/2020-L 2
JUDGMENT
The petitioner is aggrieved by the delay in the payment towards the work carried out by the petitioner namely, Project No.303 - Roofing of Chemanthur Shopping Complex, (2) Project No.532 - Completion of the construction of the roof of Chemanthur Shopping Complex, (3) Project No.526 - Completion of the Construction of Kudumbashree Flower Distribution Center, (4) Project No.501 - Completion of the renovation of IT Hub for the municipality.
2. The 5th respondent has filed a statement admitting that the petitioner has carried out all the 4 works. It is further stated that the Municipal Council had on 11.09.2020 vide its decision No.9 [Ext.R5(a)] decided to make payment to the contractor after assessing the quality and after conducting the measurement of the work by the officer concerned and also to reduce the amount of contractors' profit while making final payment.
3. The learned counsel for the petitioner points out that even though a decision was taken on 11.09.2020, so far no follow up action is taken and payment is yet to be made.
Therefore, in the light of the decision Exhibit R5(a) dated 11.09.2020 of the Municipal Council, there shall be a direction to the Municipality to W.P(C).No.12318/2020-L 3 make payment due to the petitioner in tune with the said decision, within a period of two months from today.
The Writ Petition is disposed of accordingly.
Sd/-
P.V.ASHA JUDGE W.P(C).No.12318/2020-L 4 APPENDIX PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER TO THE 5TH RESPONDENT.
EXHIBIT P2 TRUE COPY OF THE COVERING LETTER ISSUED BY THE PUBLIC INFORMATION OF THE PUNALUR MUNICIPALITY.
EXHIBIT P3 TRUE COPY OF THE EXTRACT OF THE MINUTES OF THE MEETING OF THE MUNICIPAL COUNCIL ALONG THE DETAILS OF THE PROJECT WORK.
RESPONDENTS' EXHIBITS ANNEXURE-R5(a) TRUE COPY OF THE DECISION NO.9 DATED 11.09.2020 OF THE MUNICIPAL COUNCIL, PUNALUR.