IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON TUESDAY, THE 19TH JULY 2011 / 28TH ASHADHA 1933 WP(C).No. 14610 of 2011(A) -------------------------- PETITIONER(S): --------------- RAMACHANDRAN C.R,AGED 52 YEARS, S/O.LATE RAMAKRISHNAN, CHEMPANEZHATH HOUSE LOKMALESWARAM,KODUNGALOOR P.O., THRISSUR DIST BY ADV. SRI.L.RAJESH NARAYAN RESPONDENT(S): --------------- 1. STATE OF KERALA, REP.BY THE SECRETARY,DISASTER MANAGEMENT REVENUE SECRETARIAT,THIRUVANANTHAPURAM-695001 2. THE DISTRICT COLLECTOR, CIVIL STATION, THRISSUR-680001 3. KODUNGALLOOR MUNICIPALITY, REP.BY ITS SECRETARY,KODUNGALLOOR P.O., 680664 R1&R2 BY GOVERNMENT PLEADER SRI.MATHEW GEORGE THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 14610 of 2011 APPENDIX PETITIONER'S EXHIBITS: P1 : COPY OF THE ORDER DATED 9.5.07. P2 : COPY OF THE WORK ORDER DATED 18.9.08. P3 : COPY OF THE AGREEEMENT DATED 18.9.08. P4 : COPY OF THE COMMUNICATION DATED 28.1.10. P5 : COPY OF THE JUDGMENT DATED 25.8.09 IN W.P.C. NO.24393/09. P6 : COPY OF THE JUDGMENT DATED 25.08.09 IN W.P.C. NO.24472/09. P7 : COPY OF THE ORDER K4/2008/39319/8 DATED 26.3.2010. P8 : COPY OF THE ORDER K4/2010/17577/8 DATED 26.3.2010. P9 : COPY OF THE ALLOTMENT LETTER DATED 26.3.2010. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.A. TO JUDGE smvd P.R.RAMACHANDRA MENON, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No. 14610 of 2011 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 19th day of July , 2011 J U D G M E N T Prayers are as given below:- i. issue a writ in the nature of mandamus commanding the respondents to forthwith disburse the amounts due to the petitioner for the completion of the works allotted to him vide Ext.P2 & P3 within a time limit to be fixed by this Hon'ble Court. ii. Issue a writ in the nature of mandamus commanding the respondents to pay interest to the petitioner on the bill amount for belated from the date of submission of the bill till date of payment at the rate to be fixed by this Hon'ble Court The petitioner complains that, in spite of completion of the works, the Ist respondent has not released the amount due to the petitioner, claimed as early as on 25.05.2009 2. Heard the learned Government Pleader as well. 3. Without expressing anything on merits and without prejudice to the contentions of the parties, it is ordered that the Ist respondent will take a decision on the request of the petitioner for release of the amounts. Such amounts as :2: W.P.(C)No. 14610 of 2011 found to be due shall be released at the earliest, at any rate, within period of 45 days from the date receipt of a copy of this judgment. All the issues are left open. 4. It is made clear that, release of funds will be subject to the principle of seniority being followed by the respondent Municipality among the contractors. Writ petition is disposed of. P.R.RAMACHANDRA MENON JUDGE kkj