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High Court of KeralaWP(C)/31715/2014disposed of

R.Divakaran Nair v. Thiruvananthapuram Corporation

2015-05-27Honourable Mr. Justice A.V.Ramakrishna Pillai3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.V.RAMAKRISHNA PILLAI WEDNESDAY, THE 27TH DAY OF MAY 2015/6TH JYAISHTA, 1937 WP(C).No. 31715 of 2014 (L) ---------------------------- PETITIONER(S):

-------------- R.DIVAKARAN NAIR, AGED 68 YEARS, SON OF M.RAMAKRISHNA PILLAI, PANAYARAKONAM, MUKKOLA, DHANAVECHAPURAM POST, THIRUVANANTHAPURAM.

BY ADVS.SRI.K.L.NARASIMHAN SRI.A.MOHAMMED FAIZAL SRI.N.KRISHNA PRASAD.

RESPONDENT(S):

-------------

1. THIRUVANANTHAPURAM CORPORATION, REPRESENTED BY ITS SECRETARY, CORPORATION BUILDINGS, PALAYAM, THIRUVANANTHAPURAM-695 003.

2. THE CORPORATION ENGINEER, CORPORATION OF THIRUVANANTHAPURAM, CORPORATION BUILDINGS, PALAYAM, THIRUVANANTHAPURAM-695 003.

BY ADV. SRI.N.NANDAKUMARA MENON (SR.) BY SRI.P.K.MANOJKUMAR,SC,TVPM CORPORATION.

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27-05-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

rvs.

WP(C).No. 31715 of 2014 (L) APPENDIX PETITIONER(S)' EXHIBITS :

------------------------ EXHIBIT-P1: TRUE COPY OF THE TENDER SCHEDULE IN RESPECT OF THE WORK TENDERED TO THE PETITIONER.

EXHIBIT-P2: TRUE COPY OF THE SELECTION NOTICE DATED 25.11.2005. EXHIBIT-P3: TRUE COPY OF THE COMMUNICATION DATED 27.12.2006. EXHIBIT-P4: TRUE COPY OF THE REQUEST DATED 17.11.2008 OF THE PETITIONER.

EXHIBIT-P5: TRUE COPY OF THE COMMUNICATION DATED 14.02.2010 ISSUED BY THE PETITIONER.

EXHIBIT-P6: TRUE COPY OF THE COMMUNICATION DATED 20.03.2010 ISSUED TO THE PETITIONER.

EXHIBIT-P7: TRUE COPY OF THE COMMUNICATION DATED 22.01.2013 ISSUED BY THE PETITIONER.

EXHIBIT-P8: TRUE COPY OF THE COMMUNICATION DATED 18.09.2014 ALONG WITH THE ACKNOWLEDGEMENT CARD.

RESPONDENT(S)' ANNEXURES :

------------------------ ANNEXURE I: TRUE COPY OF THE MEMO NO.E8/E13/PRE2/39383/2005 DATED 19/03/2015 ISSUED BY THE SECRETARY, TRUVANDRUM CORPORATION.

ANNEXURE II: TRUE COPY OF THE SEARCH MEMO NO.E8/E13/PRE2/3938/2005 DATED 19/03/2015 ISSUED BY THE SUPERINDENTING ENGINEER.

/TRUE COPY/ P.A.TO JUDGE RVS.

A.V. RAMAKRISHNA PILLAI, J.

-------------------------------------------------- W.P.(C) No. 31715 of 2014 -------------------------------------------------- Dated this the 27th day of May, 2015

J U D G M E N T

The petitioner has approached this Court aggrieved by the delay in releasing the payment to the petitioner towards value of work done by him as early as in 2006. The petitioner alleges that the officials of the respondent corporation have not considered the same on the score that the files are not available.

2.

The learned Standing Counsel for the respondent corporation, referring to the statement filed by the respondent corporation, submitted that the respondent corporation has sought at least 3 months' time to make the payment. In the light of the above, this writ petition is disposed of directing the respondent corporation to make the payment due to the petitioner within a period of three months from the date of receipt of a copy of this judgment.

Sd/- A.V. RAMAKRISHNA PILLAI JUDGE bka/-