IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 7TH APRIL 2010 / 17TH CHAITHRA 1932 WP(C).No. 8703 of 2010(K) ------------------------- PETITIONER(S): --------------- 1. KOCHUTHRESSIA VARKEY, W/O.LATE T.M.VARKEY, AGED 82 YEARS, THEKKANATH HOUSE, PAZHANGANAD, KIZHAKKAMBALAM P.O., ERNAKULAM DISTRICT. 2. MATHEW GEORGE, S/O.T.M.VARKEY, AGED 62 YEARS, THEKKANATH HOUSE, PAZHANGANAD, KIZHAKKAMBALAM P.O., ERNAKULAM DISTRICT. BY ADV. SRI.PEEYUS A.KOTTAM RESPONDENT(S): --------------- COCHIN CORPORATION PARK AVENUE, ERNAKULAM, COCHIN - 682 011, REPRESENTED BY ITS SECRETARY. ADV. SRI.C.M.SURESH BABU,SC,COCHIN CORPORATI FOR R1 SRI.RAMESH BABU, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/04/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J ------------------- W.P.(C).8703/2010 -------------------- Dated this the 7th day of April, 2010 JUDGMENT Petitioners are the widow and son of late Sri.T.M.Varkey. T.M.Varkey was a contractor of the respondent Corporation and according to the petitioners, Rs.12,08,246/- is outstanding to be paid to Sri.Varkey for the works executed by him. It is stated that the petitioners are facing severe financial crisis. 1st petitioner has suffered a serious brain stroke and is under treatment for the last two months as an inpatient in the Lisie Hospital. She does not have even money for meeting the expenses for her treatment and it is therefore, that the writ petition has been filed praying for a direction to the Corporation to disburse the amount due to her husband. 2. The stand taken by the Corporation that although the amount is due to Sri.Varkey, they can pay the amount only in compliance with the order dated 24.11.2008 passed by this Court in W.P.(C).27119/2008, requiring the Corporation to make payment only in accordance with the priority of completion of W.P.(C).8703/10 2 work. It is stated that amount became payable to Sri.Varkey only in August, 2009 and that when payment is made to similar contractors, this payment also will be made. 3. In view of the aforesaid order passed by this Court, though the Corporation cannot be faulted for the stand it has taken, still having regard to the reasons stated by the 1st petitioner that she is an inpatient in the hospital and that she does not have any resource even to meet the expenses of her treatment, I feel it is only appropriate that the Corporation should consider the case of the petitioner, on a priority basis. Therefore, I dispose of this writ petition directing the Corporation to pay the amount due to late T.M.Varkey to the petitioners who are the legal representatives of Sri.Varkey, in three instalments. First instalment will be paid on or before 21.4.2010 and the second and third instalments will be paid before 21.7.2010 and 21.10.2010 respectively. ANTONY DOMINIC, Judge mrcs