IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 27TH AUGUST 2008 / 5TH BHADRA 1930 WP(C).No. 8102 of 2008(M) ------------------------- PETITIONER: ---------------- T.C. SUNIL KUMAR, GOVT. CONTRACTOR THYVALAPPIL HOUSE, PORATHUSSERIL IRINJALAKUDA NORTH P.O., THRISSUR DISTRICT. BY ADV. SRI.BABU JOSEPH KURUVATHAZHA SRI.K.I.SAGEER RESPONDENTS: ------------------ 1. IRINJALAKUDA MUNICIPALITY, REP. BY ITS SECRETARY, OFFICE OF THE IRINJALAKUDA MUNICIPALITY IRINJALAKUDA, THRISSUR DISTRICT. 2. THE SECRETARY IRINJALAKUDA MUNICIPALITY, OFFICE OF THE IRINJALAKUDA MUNICIPALITY, IRINJALAKUDA THRISSUR DISTRICT. 3. THE CHAIRMAN IRINJALAKUDA MUNICIPALITY, OFFICE OF THE IRINJALAKUDA MUNICIPALITY, IRINJALAKUDA THRISSUR DISTRICT. 4. STATE OF KERALA, REP. BY ITS SECRETARY TO GOVERNMENT, DEPT. OF LOCAL SELF GOVERNMENT GOVT. SECRETARIAT, THIRUVANANTHAPURAM. 5. THE DIRECTOR OF URBAN AFFAIRS URBAN AFFAIRS DIRECTORATE, THIRUVANANTHAPURAM. BY ADV. SRI.K.K.CHANDRAN PILLAI FOR R1-3 SRI.SAJI SANKARAN NAIR FOR R1-3 GOVT.PLEADER SMT.K.R.DEEPA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/08/2008, ALONG WITH WPC NO. 15951 OF 2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. =============== W.P.(C) NOs. 8102 & 15951 OF 2008 ======================== Dated this the 27th day of August, 2008 J U D G M E N T Petitioners in these writ petitions are contractors who have executed works for the Irinjalakuda Municipality, the 1st respondent in these cases. 2. The complaint in these writ petitions is regarding non payment of the bills which are pending since 2004 onwards. Respondents 1 to 3 are not disputing the liability, but was only pleading financial constraints. 3. Now it is stated that the respondents 1 to 3 have already made necessary budgetary provision of Rs.70 lakhs for this year itself in order to atleast partially discharge the liability. After the affidavit dated 26th of July, 2008 filed in WP(C) No.15951/08, on further instructions counsel for the respondents 1 to 3 now undertakes before me that 50% of the amount due to all the contractors will be paid in the order of seniority and that such payments will be paid at any rate before 31/12/2008 . It is also stated that the balance amount due will also be paid to all of them before 30/6/09 in the manner stated above. 4. In my view, this undertaking now given on behalf of the respondents should be sufficient to redress the grievance of the WPC 8102 & 15951/08 :2 : petitioners. Accordingly, I record the undertaking as above and direct that the payments shall be made in the manner as undertaken before this Court. Writ petitions are disposed of as above. ANTONY DOMINIC, JUDGE Rp