Kerala High Court
Corporation Of Cochin vs K.A.Abdul Kareem on 20 November, 2014
Author: Ashok Bhushan
Bench: A.M.Shaffique, Ashok Bhushan
IN THE HIGH COURT OF KERALAAT ERNAKULAM
PRESENT:
THE HONOURABLE THE AG.CHIEF JUSTICE MR.ASHOK BHUSHAN
&
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
WEDNESDAY,THE 10TH DAY OF DECEMBER 2014/19TH AGRAHAYANA, 1936
WA.No. 1871 of 2014 () IN WP(C).19866/2014
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AGAINST THE ORDER IN WP(C) 19866/2014 DATED 20-11-2014
APPELLANT(S)/RESPONDENT IN W.P.C. 19866/2014:
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1. CORPORATION OF COCHIN, REP.BY SECRETARY
SMT. SNUJA.
2. COCHIN CORPORATION COUNCIL
CORPORATION OF COCHIN, ERNAKULAM - 682 035
REPRESENTED BY SECRETARY.
3. THE SUPERINTENDENT
PWD WORKS DEPARTMENT, CORPORATION OF COCHIN
ERNAKULAM - 682 035.
BYADV. SRI.PRAVEEN K. JOY
RESPONDENT(S)/PETITIONER IN W.P.C. 19866/2014:
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K.A.ABDUL KAREEM
PWD CONTRACTOR, RESIDING AT ALISHA MANZIL
KIZHAKKEKARA - 682 021.
R BY SRI.C.K.SREEJITH
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 10-12-2014,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
sou.
WA.No. 1871 of 2014
APPENDIX
PETITIONER(S)' EXHIBITS
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ANNEXURE-1: TRUE COPY OF THE INTERIM ORDER IN W.A.295/11 OF THIS HONOURABLE
COURT.
ANNEXURE-2: THE TRUE COPY OF THE ORDER OF THE 6TH RESPONDENT DATED 1/12/2014.
RESPONDENT(S)' EXHIBITS
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NIL
// TRUE COPY //
P.A. TO JUDGE
sou.
ASHOK BHUSHAN, Ag.CJ & A.M.SHAFFIQUE, J.
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W.A. No. 1871 of 2014
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Dated this the 10th day of December, 2014
J U D G M E N T
Ashok Bhushan, Ag.CJ This writ appeal has been filed against the interim order dated 20.11.2014, by which order, there was a direction to the Corporation for making payment of Rupees Ten Lakhs, within a period of two weeks. The petitioner came up in the writ petition seeking a direction to the Corporation to make a payment of the bills mentioned in the writ petition.
2. The petitioner's case is that an amount of Rupees Nineteen Lakhs was due. The learned Single Judge entertained the writ petition and passed an interim order.
3. Learned counsel for the appellant, in support of the appeal contended that the Corporation has already prepared the contractor's work bill up to 31.3.2013. As on 30.11.2014 the Corporation is making endeavour for payment as per the said seniority list. The petitioner's name finds place in the list at serial No.197,198, 217 and 219. He further submits that the amount W.A. No. 1871/14 2 claimed under the bill is not admitted by the Corporation and those issues are yet to be adjudicated. He has referred to the judgment reported in State of Kerala v. Anil [2002(1) KLT 371 (F.B)] wherein the Full Bench has noted the directions for making payment of the bills on first done first basis.
4. In the facts of the case, justice will be served in remitting the matter before the learned Single Judge for consideration and disposal of the writ petition. The appellant may file counter affidavit to the writ petition within three weeks and thereafter the writ petition be heard. The interim order dated 20.11.2014 is set aside.
The appeal is disposed of accordingly.
Sd/-
ASHOK BHUSHAN, ACTING CHIEF JUSTICE Sd/-
A.M.SHAFFIQUE, JUDGE.
sou.