BEFORE THE LOK ADALAT ORGANIZED BY THE KERALA HIGH COURT LEGAL SERVICES COMMITTEE AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE P.K.SHAMSUDDIN (RETD. JUDGE, HIGH COURT OF KERALA) & SRI.K.N.SATHEESAN(RETD. DISTRICT JUDGE) WEDNESDAY, THE 8TH APRIL 2009 / 18TH CHAITHRA 1931 WP(C).No. 6885 of 2008(T) ------------------------- PETITIONERS: --------------- 1. K.MUHAMMED, S/O. HAMSA, AGED 58 YEARS, ROOM NO.43, HELP LINE, OLD BUS STAND MUNICIPAL SHOPPING COMPLEX BUILDING, PERINTHALMANNA. 2. K.V.AHAMMED UNNI, AGED 56 YEARS, S/O. KUNHI MUHAMMED, ROOM NO.48, AL AKBAR TRAVELS, OLD BUS STAND MUNICIPAL SHOPPING COMPLEX BUILDING, PERINTHALMANNA. 3. T.T.ABDU RAHIMAN, AGED 54 YEARS, S/O. ALI AHAMMED KUTTY MASTER, ROOM NO.33 AND 51, WATCH WORKS, OLD BUS STAND MUNICIPAL SHOPPING COMPLEX BUILDING, PERINTHALMANNA. 4. MUHAMMED M.P., S/O. ABOOBACKER HAJI, AGED 46 YEARS, ROOM NO.42, CONSTRUCTION CONSULTANT, OLD BUS STAND MUNICIPAL SHOPPING COMPLEX BUILDING, PERINTHALMANNA. BY MR.P.NARAYANAN,ADVOCATE MR.S.A.ABDUL SALEEM,ADVOCATE RESPONDENT: --------------- THE PERINTHALMANNA MUNICIPALITY, PERINTHALMANNA, REP. BY ITS SECRETARY. BY MR.P.K.VIJAYAMOHANAN,SC. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR DETERMINATION AT THE LOK ADALAT ON 08/04/2009, ALONG WITH W.P.(C).No.31940/2007 AND OTHER CONNECTED CASES, AND THE PARTIES HAVING SETTLED THE MATTER, THE FOLLOWING AWARD IS PASSED IN TERMS OF SETTLEMENT: JUSTICE P.K.SHAMSUDDIN (RETD. JUDGE, HIGH COURT OF KERALA) & SRI.K.N.SATHEESAN (RETD. DISTRICT JUDGE) ================================= W.P.(C).Nos. 31940, 35322, 31925, & 33340 of 2007 & 6885 & 431 of 2008 & 8621 of 2009 ================================= Dated this the 8th day of April, 2009 AWARD Petitioners and their counsel and counsel for the Municipality are present. 5th respondent has filed an affidavit- I.A.No.4530/2009. The petitioners are the licensees who are doing business in the premises. The Municipality proposed to demolish the building to construct a new building . Petitioners agreed that the terms set out in paragraphs 4 to 7 of the affidavit filed by the Municipality are agreeable to them. The learned counsel appearing for the petitioners submitted that there is a typing error in regard to the identification of the room allotted to the second petitioner. It is agreed that the room proposed to be allotted to the second petitioner is G14 and not F14 as wrongly stated in Ext.R5(f) which is attached. Accordingly, the mistake has been corrected in Ext.R5(f). This is recorded. Counsel appearing for the petitioner in W.P.(C).No.8621/2009 submitted that he has constructed part of the building and payment is due to him. In paragraph 5 of the affidavit it is stated that the W.P.(C).Nos. 31940, 35322, 31925, & 33340 of 2007 & 6885 & 431 of 2008 & 8621 of 2009 2 Government has agreed in principle to revise the rate for the construction at the 2008 schedule rates and that the Municipality will forward its recommendation to the Government for revision of the rates immediately on withdrawal/disposal of the writ petitions. The payment of the bills certified will be released immediately. The contractor undertakes to complete the work within one year of getting the site cleared. Counsel appearing for the contractor submitted that a specific period has to be mentioned with regard to release of payment of the bills certified. It is agreed by the Municipality that they will release the payment within a period of one month from today. The question of service tax is left out. The writ petitions are disposed of as settled as above. The affidavit and the attachment Exts.R5(e) and R5(f) will form part of the Award. P.K.SHAMSUDDIN (RETD. JUDGE, HIGH COURT OF KERALA) K.N.SATHEESAN (RETD. DISTRICT JUDGE) dvs