Muhammed Haneefa v. Abdul Jaleel K.M - Kerala High Court, 29 June 2022

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH WEDNE AY, THE 29TH DAY OF JUNE 2022 / 8TH ASHADHA, 1944 CON.CASE(C) NO. 458 OF 2022 AGAINST THE JUDGMENT IN WP(C) 23575/2021 OF HIGH COURT OF KERALA PETITIONER: MUHAMMED HANEEFA AGED 37 YEARS S/O. YOUSAF PERUKULATHI, PADUVATHIL HOUSE, ELOOKARA, MUPPATHADOM P.O, ALUVA, ERNAKULAM - 683110. BY ADV K.V.RASHMI RESPONDENT: 1 ABDUL JALEEL K.M SECRETARY, KADUNGALLOR GRAMA PANCHAYATH, MUPPATHADOM P.O, ALUVA, ERNAKULAM - 683110. 2 ABDUL JALEEL SECRETARY, PANCHAYAT STANDING COMMITTEE, KADUNGALLOR GRAMA PANCHAYATH, MUPPATHADOM P.O, ALUVA, ERNAKULAM - 683110. 3 SAJANA K.S. ASSISTANT ENGINEER, LOCAL SELF GOVERNMENT DEPARTMENT, KADUNGALLOR GRAMA PANCHAYATH, MUPPATHADOM P.O, ALUVA, ERNAKULAM - 683110. BY ADV DINESH MATHEW J.MURICKEN THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 29.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

Cont.Case(C)No.458 of 2022 2 J U D G M E N T Dated this the 29th day of June, 2022 By the judgment in WP(C) No.23575 of 2021, this Court permitted the petitioner to make available the bills relating to purchase of aluminium fabrication materials before the 3rd respondent and respondents 3 to 5 were directed to process the bill immediately on receipt of the bill and pay the admitted amount to the petitioner.

The learned counsel for the petitioner submitted that Rs.1,75,031/- is the admitted amount and the respondents have paid only Rs.96,994/-. Therefore, there is a prima facie contempt.

The learned Standing Counsel representing the respondents submitted that on examination of the materials supplied by the petitioner and on processing the bill, it was found by the respondents that the amount due to the petitioner is only Rs.96,994/-. The said amount has been paid. The respondents have not committed any contempt of court.

The learned counsel for the petitioner submitted that the respondents cannot take a different stand. In an earlier

Cont.Case(C)No.458 of 2022 3 valuation statement, the respondents had admitted an amount of Rs.1,75,031/- as payable and the respondents cannot take a diametrically opposed view.

I have heard the learned counsel for the petitioner and the learned Standing Counsel appearing for the respondents.

The direction of this Court was to respondents 3 to 5 in the writ petition to process the bill submitted by the petitioner and pay the admitted amount to the petitioner. The respondents have found that the amount payable to the petitioner is Rs.96,994/-. In view of the payment of the admitted amount by the respondents, this Court finds that directions contained in the judgment have been complied with. Accordingly, the contempt of court case is closed without prejudice to the right of the petitioner to recover any other amount if due to the petitioner under the contract, through appropriate means. N. NAGARESH JUDGE AJ

Cont.Case(C)No.458 of 2022 4 APPENDIX OF CON.CASE(C) 458/2022 PETITIONER ANNEXURES Annexure A CERTIFIED COPY OF THE JUDGMENT IN WPC. NO. 23575 OF 2021 DATED 03.02.2022 PASSED BY THIS HON'BLE COURT. Annexure B AOF THE NOTICE DATED 22.02.2022 WITH POSTAL RECEIPTS SENT TO THE RESPONDENTS HEREIN. Annexure C AOF THE ACKNOWLEDGMENT CARDS RECEIVED FROM THE POSTAL DEPARTMENT. Annexure D AOF THE RIGHT TO INFORMATION APPLICATION SUBMITTED BY A FRIEND OF THE DEPONENT BY NAME SAKEER DATED 02.03.2022 Annexure E AOF THE REPLY ISSUED BY THE ASSISTANT ENGINEER DATED 15.03.2022 Annexure F AOF THE COMMUNICATION DATED 11.02.2022 SUBMITTED BY THE 3RD RESPONDENT BEFORE THE SECRETARY. Annexure G AOF THE COMMUNICATION DATED 24.02.2022 SUBMITTED BY THE 3RD RESPONDENT BEFORE THE SECRETARY. Annexure H AOF THE COMPLAINIT SUBMITTED BEFORE TEH SUPERINTENDENT, VIGILANCE AND ANTI CORRUPTION BUREAU DATED 25.05.2022 ALONG WITH RECEIPT Annexure I AOF THE COMPLAINT PREFERRED BEFORE TEH SUPERINTENDENT OF POLICE ERNAKULAM RURAL DATED 24.05.2022 WITH RECEIPT. Annexure J AOF THE REPRESENTATION SUBMITTED BY THE PETITIONER DATED 21.05.2022 RESPONDENT EXHIBITS Annexure R1(a)OF THE STORE PURCHASE BILL DATED 12.10.2020 ISSUED BY THE FIBER TECH, MUPPATHADOM, ALUVA

Cont.Case(C)No.458 of 2022 5 Annexure R1(b)OF THE STORE PURCHASE BILL DATED 16.10.2020 ISSUED BY THE FIBER TECH MUPPATHADOM, ALUVA Annexure R1(c)OF THE STORE PURCHASE BILL DATED 19.10.2020 ISSUED BY THE FIBER TECH MUPPATHADOM, ALUVA Annexure R1(d)OF THE STORE PURCHASE BILL DATED 24.10.2020 ISSUED BY THE FIBER TECH MUPPATHADOM, ALUVA Annexure R1(e)OF THE STORE PURCHASE BILL DATED 26.10.2020 ISSUED BY THE FIBER TECH MUPPATHADOM, ALUVA Annexure R1(f)OF THE LETTER SENT TO FIBER TECH, MUPPATHADOM, ALUVA BY THE 1ST RESPONDENT DATED 21.01.2022 Annexure R1(g)OF THE LETTER SENT TO THE PETITIONER BY THE 1ST RESPONDENT DATED 21.02.2022 Annexure R1(h)OF THE REPLY TO ANNEXURE R1(G) SUBMITTTED BY THE PETITIONER DATED 28.02.2022 Annexure R1(i)OF THE LETTER SENT BY THE 1ST RESPONDENT TO THE SALES TAX OFFICER, GST, NORTH PARAVUR DATED 03.03.2022 Annexure R1(j)OF THE LETTER ISSUED BY THE SALES TAX OFFICER, GST, NORTH PARAVUR TO THE 1ST RESPONDENT DATED 16.03.2022 Exhibit R1(k)of the valuation statement along with covering letter of Assistant Engineer (LSGD) dated 19.05.2022 Exhibit R1(l)of the receipt issued from the Federal Bank evidencing remittance of 95,261/- to the account of the ₹ petitioner dated 19.05.2022