Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN THURSDAY, THE 14TH DAY OF MARCH 2024 / 24TH PHALGUNA, 1945 WP(C) NO. 10200 OF 2024 PETITIONER:
SURICHETTY POORNACHANDRA RAO, AGED 40 YEARS SOLE PROPRIETOR OF 'SRI POORNA CHANDRA AND CO.', BUILDING NO. 63/ 1050, CHAMMATH ROAD, ELAMKULAM, ERNAKULAM, KOCHI, [FORMERLY AT 63/ 1736, 2ND FLOOR, NEAR CIVIL SUPPLIES CORPORATION, GANDHI NAGAR, ERNAKULAM] THROUGH HIS POWER OF ATTORNEY HOLDER, B.
KOTHANDARAMAN., PIN - 682017 R.MURALEEDHARAN DR.ANIES GEORGE RESPONDENTS:
1 KERALA STATE CIVIL SUPPLIES CORPORATION LTD MAVELI BHAVAN, MAVELI ROAD, GANDHI NAGAR, ERNAKULAM, COCHIN, REPRESENTED BY ITS MANAGING DIRECTOR - 682020 2 THE MANAGER (PURCHASE), KERALA STATE CIVIL SUPPLIES CORPORATION LTD. , MAVELI BHAVAN, MAVELI ROAD, GANDHI NAGAR, ERNAKULAM,COCHIN, PIN - 682020 3 STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF FOOD AND CIVIL SUPPLIES, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM,, PIN - 695001 SMT. MOLLY JACOB, SC FOR R1 & R2, SRI.SUNIL K.KURIAKOSE, GP FOR R3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14.03.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 10200 OF 2024 2 JUDGMENT The petitioner has approached this Court seeking a direction to the first respondent - Kerala State Civil Supplies Corporation Limited (SUPPLYCO), to pay him the entire amount due and payable as per Ext.P4 application and Ext.P3 series of “Pay Advices” issued by its Purchase Division, together with interest @ 18% p.a., from the date on which it became due.
2. Smt.Molly Jacob – learned standing counsel for the first respondent, submitted that she has no instructions as to the veracity of the petitioner's claim that amounts are due to him as per Ext.P4 application and Ext.P3 “Pay Advices”; and therefore, that if this Court is so inclined, the competent Authority of her client is willing to hear him and take a final decision on this without any avoidable delay. She, however, prayed that this Court make no affirmative declarations on the entitlement of the petitioner and leave it to the said Authority to take an apposite decision, as per law; adding that the question of interest is also something that the competent Authority can consider, provided it is found that there is any delay in payment of entitled amount, which is not attributable to the petitioner.
3. Taking note of the afore submissions, I allow this writ
WP(C) NO. 10200 OF 2024 3 petition with the following directions:
(a) The competent Authority of the first respondent will immediately take up Ext.P4 application and Ext.P3 “Pay Advices”, and hear the petitioner; thus culminating in an appropriate order as expeditiously as is possible, but not later than one month from the date of receipt of a copy of this judgment.
(b) On the afore being done and if any amounts are found eligible to the petitioner, the same shall be disbursed to him not later than two months thereafter; failing which, it will carry interest @8% p.a. from the date on which it became due, until it is paid.
(c) As regards the claim for interest of the petitioner on the entire sum from the date on which it became due, this Court reserves liberty to him to initiate any appropriate action, should he feel it necessary subsequent to the afore exercise; for which, all contentions in that regard are left open.
Sd/- DEVAN RAMACHANDRAN JUDGE stu
WP(C) NO. 10200 OF 2024 4 APPENDIX OF WP(C) 10200/2024 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE CERTIFICATE OF REGISTRATION
UNDER
GST
ACT
DATED 24.12.2020 Exhibit P2 TRUE COPY OF THE PURCHASE ORDER PLACED ON EXECUTION OF TENDER AGREEMENT WITH THE LST RESPONDENT CORPORATION, ON ACCEPTANCE OF THE TENDER SUBMITTED FOR THE SUPPLY OF WHITE GRAM (KABOOLI KADALA) DATED 23.09.2023 Exhibit P3 TRUE COPY OF THE PAY ADVICE ISSUED BY THE PURCHASE DIVISION OF THE 1ST RESPONDENT, NO.18840 DT.17.06.2023 Exhibit P3(a) TRUE COPY OF THE PAY ADVICE ISSUED BY THE PURCHASE DIVISION OF THE 1ST RESPONDENT, NO.19594 DT.09.10.2023 Exhibit P3(b) TRUE COPY OF THE PAY ADVICE ISSUED BY THE PURCHASE DIVISION OF THE 1ST RESPONDENT, NO.19638 DT.16.10.2023 Exhibit P3(c) TRUE COPY OF THE PAY ADVICE ISSUED BY THE PURCHASE DIVISION OF THE 1ST RESPONDENT, NO.19744 DT.07.11.2023 Exhibit P3(d) TRUE COPY OF THE PAY ADVICE ISSUED BY THE PURCHASE DIVISION OF THE 1ST RESPONDENT, NO.19748 DT.07.11.2023 Exhibit P3(e) TRUE COPY OF THE PAY ADVICE ISSUED BY THE PURCHASE DIVISION OF THE 1ST RESPONDENT.
NO.19772 DT.13. I I.2023 Exhibit P3(f) TRUE COPY OF THE PAY ADVICE ISSUED BY THE PURCHASE DIVISION OF THE 1ST RESPONDENT, NO.19779 DT.14.11.2023 Exhibit P3(g) TRUE COPY OF THE PAY ADVICE ISSUED BY THE PURCHASE DIVISION OF THE 1ST RESPONDENT, NO.19846 DT.27.11.2023
WP(C) NO. 10200 OF 2024 5 Exhibit P3(h) TRUE COPY OF THE PAY ADVICE ISSUED BY THE PURCHASE DIVISION OF THE 1ST RESPONDENT, NO.19874 DT.14.12.2023 Exhibit P3(i) TRUE COPY OF THE PAY ADVICE ISSUED BY THE PURCHASE DIVISION OF THE LST RESPONDENT, NO.19884 DT.18.12.2023 Exhibit P3(j) TRUE COPY OF THE PAY ADVICE ISSUED BY THE PURCHASE DIVISION OF THE 1 ST RESPONDENT, NO.19894 DT.21.12.2023 Exhibit P3(k) TRUE COPY OF THE PAY ADVICE ISSUED BY THE PURCHASE DIVISION OF THE 1ST RESPONDENT, NO.19924 DT.04.01.2024 Exhibit P3(l) TRUE COPY OF THE PAY ADVICE ISSUED BY THE PURCHASE DIVISION OF THE 1ST RESPONDENT, NO.19936 DT.09.01.2024 Exhibit P3(m) TRUE COPY OF THE PAY ADVICE ISSUED BY THE PURCHASE DIVISION OF THE 1ST RESPONDENT, NO.19946 DT. 11.01.2024 Exhibit P3(n) TRUE COPY OF THE PAY ADVICE ISSUED BY THE PURCHASE DIVISION OF THE 1ST RESPONDENT, NO.19947 DT. 11.01.2024 Exhibit P3(o) TRUE COPY OF THE PAY ADVICE ISSUED BY THE PURCHASE DIVISION OF THE 1ST RESPONDENT, NO.19955 DT.15.01.2024 Exhibit P3(p) TRUE COPY OF THE PAY ADVICE ISSUED BY THE PURCHASE DIVISION OF THE I ST RESPONDENT, NO.19970 DT.18.01.2024 Exhibit P3(q) TRUE COPY OF THE PAY ADVICE ISSUED BY THE PURCHASE DIVISION OF THE 1ST RESPONDENT, NO.19993 DT.31.01.2024 Exhibit P3(r) TRUE COPY OF THE PAY ADVICE ISSUED BY THE PURCHASE DIVISION OF THE 1ST RESPONDENT, NO.20007 DT.13.02.2024 Exhibit P4 TRUE COPY OF THE APPLICATION REQUESTING THE RELEASE OF PAYMENT SUBMITTED TO THE MANAGING DIRECTOR, DT.26.02.2024
WP(C) NO. 10200 OF 2024 6 Exhibit P5 TRUE COPY OF THE CERTIFICATE ISSUED BY THE CANARA BANK AS STREET BRANCH, CHENNAI DT.01.03.2024