M/S.Kerala State Ex-Service v. The Greater Cochin Development Authority

WP(C) NO. 27503 OF 2018 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN WEDNE AY, THE 2ND DAY OF MARCH 2022 / 11TH PHALGUNA, 1943 WP(C) NO. 27503 OF 2018 PETITIONER/S: M/S.KERALA STATE EX-SERVICE LEAGUE, ANGAMALY BLOCK UNIT, ANGAMALI, REPRESENTED BY ITS SECRETARY K.P. JOSEPH THIRUVANANTHAPURAM BY ADV MOHANAKANNAN K. RESPONDENT/S: 1 THE GREATER COCHIN DEVELOPMENT AUTHORITY REPRESENTED BY ITS SECRETARY, KADAVANTHRA, KOCHI- 682020 ERNAKULAM 2 THE SUPERINTENDENTING ENGINEER GREATER COCHIN DEVELOPMENT AUTHORITY, P.B.NO.2012, KOCHI-682020. BY ADV SRI.K.NARAYANAN, SC, GCDA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C) NO. 27503 OF 2018 P.V.KUNHIKRISHNAN, J -------------------------------------------- W.P.(C.) No. 27503 of 2018 -------------------------------------- Dated this the 2nd day of March, 2022 JUDGMENT The above writ petition is filed with following prayers : “i. To issue a writ of mandamus or any other appropriate writ or order or direction directing the respondents to release the amount covered by Ext.P6 within a time frame to be fixed by the Hon'ble Court. ii) To issue a Writ of mandamus or any other appropriate writ or order or direction directing the respondents to pay interest @9% per annum from the date of it which has become due for the amounts of Rs.28,94,377/- within a time frame to be fixed by this Hon'ble Court. iii) To grant such other and further reliefs as are just, proper and necessary in the facts and circumstances of the case.” [SIC]

WP(C) NO. 27503 OF 2018 better to extract the relevant portion of the statement. “It is submitted as per the agreement entered into between the petitioner and respondent payment at the rate of Rs.675/- per 8 hour shift and Rs.1000/- for 12 hours shift are to be given to the petitioner by the respondent excluding GST. The respondent has already made some payment. The balance amount yet to be given pertaining to the period between March 20189and 5th August 2020 is Rs.28,53,979/-. It is submitted that out of the said balance amount Rs.10,00,000/- (Rupees Ten Lakhs only) have already been paid to the petitioner as per the orders of the Hon'ble High Court dated 5.9.2018 and 12.3.2020 respectively. Thus balance amount to be paid is Rs.8,53,979/-of the report to the above effect submitted by the Superintending Engineer dated 15.2.2022 is produced herewith and marked as Annexure. In view of the financial year ending and severe financial crunch the respondent requires for a time to pay the said balance amount of Rs.8,53,979/-. In the circumstances, it is only fit and necessary that this Hon'ble Court is pleased to grant time to make the said balance amount.”

In the light of the above statement, this writ petition can be closed directing the respondents to pay the balance amount within one month. Therefore, this writ petition is disposed of directing the respondents to pay the amount of Rs.8,53,979/-, as expeditiously as possible, at any rate, within one month from the date of receipt of a copy of this judgment.

P.V.KUNHIKRISHNAN

JUDGE SKS

WP(C) NO. 27503 OF 2018 APPENDIX OF WP(C) 27503/2018 PETITIONER EXHIBITS EXHIBIT P1OF THE REGISTRATION CERTIFICATE NO.K-77/92 DATED 5.2.1992. EXHIBIT P2OF THE COMMUNICTION SENT BY THE 2ND RESPONDENT TO THE PETITIONER WITH CONDITIONS OF CONTRACT DATED 28.2.2017. EXHIBIT P3OF THE AGREEMENT ENTERED INTO BETWEEN THE PETITIONER AND THE IST RESPONDENT ON 8.3.2017. EXHIBIT P4OF THE REQUEST MADE BY THE PETITIONER TO THE IST RESPONDENT THROUGH E-MAIL DATED 28.4.2018, 17.5.2018 AND 22.5.2018. EXHIBIT P5OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE IST RESPONDENT WITH RECEIPT DATED 19.5.2018. EXHIBIT P6OF THE BILL SUBMITTED BY THE PETITIONER DATED 9.8.2018. RESPONDENT'S EXHIBITS ANNEXURE R2OF THE REPORT OF THE SUPERINTENDING ENGINEER DATED 15.2.2022