IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN TUESDAY, THE 31ST AUGUST 2010 / 9TH BHADRA 1932 WA.No. 1393 of 2010() --------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.18557/2010 Dated 21/06/2010 .................... APPELLANT(S): PETITIONER: -------------------------------------------- B.PRATHAPACHANDRAN, AGED 50 YEARS, S/O.BHANU PANICKER, 'REVATHY', TC 48/242, AMBALATHARA, POONTHURA P.O., THIRUVANANTHAPURAM-26. BY ADV. SRI.K.B.PRADEEP RESPONDENT(S): RESPONDENT: -------------------------------------------------- THE CORPORATION OF THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY, OFFICE OF THE CORPORATION OF THIRUVANANTHAPURAM. BY SRI.N.NANDAKUMARA MENON, SENIOR ADVOCATE, SC,TVM CORPN. BY ADV. SRI.A.K.MANOJ KUMAR. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 31/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss C.N.RAMACHANDRAN NAIR & K. SURENDRA MOHAN, JJ. ------------------------------------------------------------ W.A. NO:1393 OF 2010 E ----------------------------------------------------------- Dated this the 31st August, 2010. JUDGMENT Ramachandran Nair, J. Heard counsel for the appellant and Mr. N.Nandakumara Menon, senior counsel appearing for the Trivandrum Corporation. 2. The petitioner claimed priority for payment of contract amounts based on proceedings under the SERFAESI Act initiated by the bank. The learned Single Judge after noticing that the petitioner's case does not fall within the exemption clause provided by the Division Bench judgment in W.A.263/1999 dismissed the claim for priority payment. The senior counsel appearing for the Corporation submitted that payments for the work done up to 29/1/2010 is paid and payments due is for work done in the beginning of 2010 that is from February 2010. This submission is recorded and there will be a direction to the Corporation to release all payments for work completed by the appellant up to 29/1/2010, if not paid. However, since senior counsel appearing for the Corporation submitted that several other contractors are in the waiting list and appellant's case does not fall within the exemption WA 1393/2010 2 clause, we do not find any justification to interfere with the judgment of the learned Single. Writ appeal is disposed of as above. C.N.RAMACHANDRAN NAIR Judge K. SURENDRA MOHAN Judge jj WA 1393/2010 3