A.John vs. The Kalamassery Municipality - Kerala High Court, 25 August 2020

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS TUE AY, THE 25TH DAY OF AUGUST 2020 / 3RD BHADRA, 1942 WP(C).No.16476 OF 2020(H) PETITIONER: A.JOHN PROPRIETOR, ANSONS GROUP, ARCHITECTS AND ENGINEERS, UNION AUTO BUILDING, MUNICIPAL JUNCTION, KOTTAYAM-686001. BY ADV. SRI.P.KURUVILLA JACOB RESPONDENTS: 1 THE KALAMASSERY MUNICIPALITY REPRESENTED BY ITS SECRETARY, KALAMASSERY MUNICIPALITY, KALAMASSERY P.O., ERNAKULAM DISTRICT. 2 THE SECRETARY, KALAMASSERY MUNICIPALITY/COUNCIL, KALAMASSERY P.O., ERNAKULAM DISTRICT. 3 THE CHAIRPERSON, KALAMASSERY MUNICIPALITY/COUNCIL, KALAMASSERY P.O., ERNAKULAM DISTRICT. 4 THE KALAMASSERY MUNICIPAL COUNCIL, REPRESENTED BY ITS SECRETARY, KALAMASSERY P.O., ERNAKULAM DISTRICT. SRI M K ABOOBACKAR SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25.08.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

W.P(C) No.16476 of 2020 2 ALEXANDER THOMAS, J. ============================= W.P(C) No.16476 of 2020 ============================= Dated this the 25th day of August, 2020 JUDGMENT The case set up in the above Writ Petition (Civil) is as follows : That the petitioner is the proprietor of a leading architectural establishment at Kottayam. The writ petition is filed against he inaction and failure of respondents to pay Ext.P-2 bill due to the petitioner inspite of the past 19 months. The bill was submitted on 10.12.2018 in connection with the architectural drawings and estimate prepared and submitted by the petitioner for the proposed convention centre of Kalamassery Municipality, which was pursuant to Ext.P-1 agreement executed between the petitioner and the 2nd respondent. Ext.P-3 admits that no payment is effected to the petitioner relating to Ext.P-2 bill-Exts.P-4 & P-5 are communications made to respondents 3 & 2 requesting for payment of Ext.P-2 bill. The estimate was submitted on 11.10.2019 and on the same day the petitioner submitted Ext.P-6 letter to the 2nd respondent along with a revised bill requesting to pay 90% of Ext.P-2 bill. That bill amount includes 18 % GST also. But nothing has been paid till now. The petitioner sent Ext.P-8 representation to the 2nd respondent highlighting his grievances. Eventhen, Ext.P-2 bill is not paid. It is in the light of these averments and contentions, that the petitioner has filed the instant Writ Petition (Civil) with the

W.P(C) No.16476 of 2020 3 following prayers : “i) to issue a writ of mandamus or any other appropriate writ, order or direction to the respondents, directing them to pay petitioner's bill covered by Ext-P2, as expeditiously as possible, within a specific period of time, that may be fixed by this Hon'ble Court; OR to issue a writ of mandamus or any other appropriate writ, order or direction to the 2nd respondent, directing him to consider and dispose Ext.P8 representation as expeditiously as possible within a specific period after affording a personal hearing to the petitioner. ii)to issue such other appropriate writ, order or direction to the respondents, which this Hon'ble Court may deem fit and proper on the facts of this case, including the costs incurred by the petitioner in this proceeding.”

Heard Sri.P.Kuruvilla Jacob, learned counsel appearing for the petitioner and Sri.M.K.Aboobacker, learned Standing Counsel appearing for the respondent-Kalamassery Municipality.

The case of the petitioner is that inspite of discharging his professional service as an architect on the request of the respondents and inspite of the completion of the professional service in that regard and even though the petitioner has completed his obligations in that regard, the respondents are not paying the bill amounts due to the petitioner which is overdue even though the petitioner has submitted Ext.P-2 bill as early as on 10.12.2018. Now the petitioner has submitted Ext.P-8 representation/petition dated 08.02.2020 before the 2nd respondent-Secretary of the Kalamassery Municipality for immediate disbursal of the amounts due to the petitioner, without any further delay.

W.P(C) No.16476 of 2020 4

Taking note of the facts and circumstances of the case, it is ordered in the interest of justice that the 2nd respondent-Secretary of the Kalamassery Municipality will immediately take up for consideration the matters raised in Ext.P-8 representation dated 08.02.2020 as well Ext.P-2 bill dated 10.12.2018 and after affording reasonable opportunity of being heard to the petitioner through his authorized representative/counsel, if any, should pass orders thereon, without much delay, at any rate, within five weeks from the date of receipt of a certified copy of this judgment. Since the amounts claimed are on account of the professional service said to have been rendered by the petitioner as an architect, the respondents will ensure that a fair, just and pragmatic decision is taken in the matter, without any further delay.

The petitioner will produce a certified copy of this judgment along with a copy of the Memorandum of this W.P(C) with all the exhibits before the 2nd respondent-Secretary of the Kalamassery Municipality, for necessary information and further action. With these observations and directions and with the said clarification, the above Writ Petition (Civil) will stand thus disposed. ALEXANDER THOMAS JUDGE vgd

W.P(C) No.16476 of 2020 5 APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1OF AGREEMENT DATED 7.12.17 EXECUTED BETWEEN THE PETITIONER AND 2ND RESPONDENT. EXHIBIT P2OF PETITIONER'S COVERING LETTER DATED 10.12.18 ACCOMPANIED BY HIS BILL DATED 10.12.18 SUBMITTED TO SECOND RESPONDENT. EXHIBIT P3OF LETTER DATED 7.9.19 OF THE PUBLIC INFORMATION OFFICER OF KALAMASSERY MUNICIPALITY COMMUNICATED TO PETITIONER. EXHIBIT P4OF PETITIONER'S LETTER DATED 20.9.19 COMMUNICATED TO THE CHAIRPERSON OF KALAMASSERY MUNICIPALITY. EXHIBIT P5OF PETITIONER'S LETTER DATED 24.9.19 COMMUNICATED TO THE 2ND RESPONDENT. EXHIBIT P6OF PETITIONER'S LETTER DATED 11.10.19 COMMUNICATED TO THE 2ND RESPONDENT ACCOMPANIED BY HIS REVISED BILL DATED 11.10. 19. EXHIBIT P7OF

PETITIONER'S APPLICATION/APPEAL DATED 18.12.19 UNDER THE RIGHT TO INFORMATION ACT, FORWARDED TO THE 1ST APPELLATE AUTHORITY OF 1ST RESPONDENT- MUNICIPALITY. EXHIBIT P7(A)OF 2ND RESPONDENT'S ORDER/REPLY DATED 4.2.20 COMMUNICATED TO PETITIONER. EXHIBIT P8OF PETITIONER'S REGISTERED REPRESENTATION DATED 8.2.20 FORWARDED TO 2ND RESPONDENT.