IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH FRIDAY, THE 25TH JULY 2008 / 3RD SRAVANA 1930 WP(C).No. 23624 of 2005(K) ------------------------------------- PETITIONER: ------------------- 1. C.K. CHANDRAN, S/O. C.V. KUMARAN, CHEMBAKASSERY HOUSE, MANGATTUKARA, PULIYANAM P.O., ANGAMALY. 2. K.R. DIVAKARAN NAIR, CONVENOR, VEMBILIYAM THODU VIKASANA SAMITHI, MANGATTUKARA, ANGAMALY. BY ADV. SRI.WILSON URMESE RESPONDENTS: ---------------------- THE SECRETARY, ANGAMALY MUNICIPALITY MUNICIPAL OFFICE, ANGAMALY. *ADDL. RESPONDENTS IMPLEADED. ADDL. R2. STATE OF KERALA REP.BY THE SECRETARY TO THE GOVT. OF KERALA. ADDL. RESPONDENT IS IMPLEADED AS PER ORDER DT. 2.2.06 IN WPC. 23624/2005. ADV. SRI.V.M.KURIAN FOR R1 SRI.A.V.THOMAS FOR R1 SRI.MATHEW B. KURIAN FOR R1 SRI.K.T.THOMAS FOR R1 BY GOVERNMENT PLEADER SRI.MUHAMMED ANZAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/07/2008 , THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.23624/2005 APPENDIX PETITIONERS EXHIBITS EXT.P1:- COPY OF THE CIRCULAR NO.2683/2004/A1/PLANNING DT. 28.2.04 ISSUED BY THE GOVT. EXT.R1(a):- COPY OF THE AGREEMENT DT. 16.3.2004 EXECUTED BY THE PETITIONER. /TRUE COPY/ P.A. TO JUDGE tss KURIAN JOSEPH, J. --------------------------------------- W.P.(C) No.23624 OF 2005 --------------------------------------- Dated this the 25th day of July, 2008. J U D G M E N T This writ petition is filed with the following prayer: i) To issue a writ of mandamus directing the respondent to pay the balance bill amount due to the petitioners with 18% interest per annum from the date of submission of the bills without deducting 20% towards beneficiary contribution. It is for the petitioners to approach the second respondent or to workout the remedy before the Civil Court. In the event of the petitioners thus approaching the second respondent, the matter will be duly considered by the second respondent, with notice to the petitioners and first respondent, within another three months. In case the petitioners approach the Civil Court, the time taken for prosecuting this writ petition shall stand excluded while computing the period of limitation. This writ petition is disposed of as above. KURIAN JOSEPH, JUDGE. smp KURIAN JOSEPH, J. W.P.(C) No.23624 OF 2005 J U D G M E N T 25.07.2008