Kerala High Court
Dr.Vincent Panikulangara vs The Kerala State Co-Operative ... on 31 May, 2007
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
THURSDAY, THE 7TH DAY OF JANUARY 2016/17TH POUSHA, 1937
W.P(C).No. 33572 of 2015 (V)
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PETITIONER :
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DR.VINCENT PANIKULANGARA,
ADVOCATE,
167/VASANT NAGAR,
OPP:INTERNATIONAL STADIUM,
KOCHI-682 025.
BY ADVS.SRI.T.K.PANKAJASHAN PILLAI
SRI.SAJI PANKAJAKSHAN
RESPONDENT :
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THE KERALA STATE CO-OPERATIVE FEDERATION FOR
FISHERIES DEVELOPMENT LTD,
KURAVANKONAM,
THIRUVANANTHAPURAM-3.
R BY SRI.GEORGE POONTHOTTAM, SC,MATSYAFED
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 07-01-2016, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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W.P(C).No. 33572 of 2015 (V)
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APPENDIX
PETITIONER'S EXHIBITS
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EXT.P1 A TRUE COPY OF THE LETTER DATED 31.05.2007
INTIMATING APPOINTMENT OF PETITIONER AS STANDING
COUNSEL OF RESPONDENT.
EXT.P2 A TRUE DECISION OF THE LOK AYUKTA DATED 4.5.2011
DISMISSING THE COMPLAINT.
EXT.P3 A TRUE COPY OF THE LETTER AND EMAIL DATED
19.5.2012 SENT BY THE PETITIONER TO THE
RESPONDENT.
EXT.P4 A TRUE COPY OF THE LETTER SENT BY THE PETITIONER
TO THE RESPONDENT.
EXT.P5 A TRUE COPY OF THE LETTER DATED 10.7.2012 SENT TO
THE PETITIONER BY THE RESPONDENT.
EXT.P6 A TRUE COPY OF THE BILL DATED 31.7.2012 SENT TO
THE RESPONDENT BY THE PETITIONER FOR THE
REMUNERATION FOR CONDUCTING THE CASE.
EXT.P7 A TRUE COPY OF THE LETTER DATED 5.9.2014 FOR
SENDING THE CHEQUE TO THE PETITIONER BY THE
RESPONDENT.
RESPONDENT'S EXHIBITS : NIL
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//TRUE COPY//
P.A. TO JUDGE
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A. MUHAMED MUSTAQUE, J.
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W.P.(C).No. 33572 of 2015
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Dated this the 07th day of January, 2016
JUDGMENT
The petitioner has conducted the case on behalf of the respondent before the Lok Ayukta, Thiruvananthapuram. The petitioner raised a demand for legal fee, which comprise of retainer fee also. The respondent has paid an amount of Rs.83,700/- towards the fee for conducting the case as per Ext.P7. The petitioner challenges the action of the respondent in not paying the entire fee made by him.
2. The learned Standing Counsel for the respondent placed before me the communication of the petitioner to the respondent, in which, the petitioner has raised his claim W.P.(C).No. 33572 of 2015 -2- for an amount of Rs.93,000/-. It is submitted by the learned Standing Counsel that after deducting the TDS amount, the respondent has paid the entire amount.
As seen from the records, it is not discernible whether the petitioner has been appointed as a retainer or not. The engagement of the lawyer essentially is in the nature of contract and terms and conditions therein, would govern the relationship. In the absence of any other materials, this Court is not in a position to hold that, the petitioner is entitled for retainer fee and other benefits. Therefore, by invoking power under Article 226 of the Constitution of India, this Court is of the view, it is beyond a scope of this Court to decide any dispute between the petitioner and his client as regard to the retainer fees. Therefore, leaving open all the issues, the writ petition is disposed of with a liberty W.P.(C).No. 33572 of 2015 -3- to the petitioner to agitate all issues relating to the fees before appropriate forum.
The writ petition is disposed of as above.
Sd/-
A. MUHAMED MUSTAQUE JUDGE bpr