IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 13TH AUGUST 2010 / 22ND SRAVANA 1932 WP(C).No. 1255 of 2009(Y) ------------------------------------ PETITIONER(S): ---------------------- 1. GOPINATHAN NAIR K.S., KONNAKKOT HOUSE, MEKKZHUR, PATHANAMTHITTA. 2. K.K. VIJAYAKUMARI, KOICKAL PURAYIDOM, VALAMCHUZHY PATHANAMTHITTA. 3. P.J. PRASANNAN, KANDATHINKAROTT, ELAKOLLOOR P.O., KONNI. 4. M.O. JAMES, MARUTHICKAL HOUSE, KUMBAZHA, PATHANAMTHITTA. 5. PRATHUSOODANAN PILLAI, K.P., KUTHIRAKULATH HOUSE, MALAYALAPUZHA THAZHAM, PATHANAMTHITTA. 6. SUMA GEORGE, PALAKUNNIL HOUSE,' KUMBAZHA P.O., PATHANAMTHITTA. 7. HASSAN BEEVI, W/O. LATE ABDUL HAKEEM, KOICKALPURAYIDOM, VALAMCHUZHI, PATHANAMTHITTA. 8. M.K. BABY, MANNIL KIZHAKKETHIL, THANNITHODU P.O., KONNI PATHANAMTHITTA. BY ADV. SRI.M.V.S.NAMBOOTHIRY RESPONDENT(S): ------------------------- THE PATHANAMTHITTA MUNICIPALITY REPRESENTED BY ITS SECRETARY, MUNICIPAL OFFICE, PATHANAMTHITTA. R1 BY ADV. SRI.V.K.SUNIL THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.1255/2009 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE LEGAL HEIRSHIP CERTIFICATE ISSUED TO THE 7TH PETITIONER BY THE TAHSILDAR, TALUK OFFICE, KOZHENCHERRY DTD. 26.6.07. TRUE COPY P.S. TO JUDGE tss T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.1255 of 2009-Y - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 13th day of August, 2010. JUDGMENT The petitioners have executed various works for the Municipality, the details of which have been stated in the writ petition. Failing to get any amount towards the final bill submitted by them, they have approached this Court seeking for a direction to the respondent to disburse to disburse the amounts due to the petitioners forthwith along with interest at the rate of 18% per annum. 2. The Joint Director of Urban Affairs has filed a statement which shows that the financial position of the Municipality was not good, which delayed the payment of amounts to the contractors. 3. After successive postings, learned counsel for the Municipality submitted today that the Municipality has been able to generate some funds by way of income from shopping complex and the said funds have been kept in a separate account. 4. The issue, therefore, will have to be considered in the light of the changed circumstances as available now. Learned counsel for the Municipality submitted that at least two months time will be required for wpc 1255/2009 2 payment. In that view of the matter, without going into the merits of the contentions, I direct the respondent Municipality to disburse the eligible amounts due to the petitioners after verifying the final bills submitted by them, within a period of one month from the date of receipt of a copy of this judgment. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) kav/