IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID THURSDAY, THE 4TH AUGUST 2011 / 13TH SRAVANA 1933 WP(C).No. 9688 of 2011(I) ------------------------------------- PETITIONER(S): ------------------------- K.S.MOHANACHANDRAN NAIR, AGED 41 YEARS, S/O. LATE J.SIVARAJAN NAIR, KOTTAMTHARA HOUSE, UDAYAMPEROOR P.O., ERNAKULAM. BY ADVS. SRI.M.RAMESH CHANDER, SMT.K.A.SANJEETHA. RESPONDENT(S): --------------------------- THE CORPORATION OF COCHIN, ERNAKULAM-682 011, REPRESENTED BY ITS SECRETARY. BY ADV. SRI.PRAVEEN K.JOY,SC,COCHIN CORPORATION THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.9688/2011 I APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE LEGAL HEIRSHIP CERTIFICATE ISSUED BY THE TAHSILDAR, KANAYANNUR TALUK DTD. 27/01/2011. P2: COPY OF THE CONSENT ISSUED TO THE PETITIONER DTD. 31/01/2011. P3: COPY OF THE STATEMENT SHOWING THE FILE NUMBER, GROSS AMOUNT DUE AND NET AMOUNT DUE. P4: COPY OF THE REPRESENTATION FILED BEFORE THE RESPONDENT DTD. 18/03/2011. P5: COPY OF THE RECEIPT ISSUED BY THE RESPONDENT DTD. 19/03/2011. P6: COPY OF THE NOTICE NO.AGM 11/EKM OF THE STATE BANK OF TRAVANCORE, UDAYAMPEROOR BRANCH DTD. 10/01/2011. P7: COPY OF THE CERTIFICATE ISSUED BY THE CORPORATION OF COCHIN DTD. 17/06/2011. RESPONDENT'S EXHIBITS: R1(A): COPY OF THE INTERIM ORDER DTD. 24/11/2008 IN WP(C) NO.27119/2008. R1(B): COPY OF THE INTERIM ORDER DTD. 03/12/2010 IN I.A.NO.16295/2010 IN WPC.NO.27119/2008 OF THIS HON'BLE COURT. R1(C): COPY OF THE INTERIM ORDER DTD. 01/03/2011 IN W.A.NO.295/2011 OF THIS HON'BLE COURT. R1(D): COPY OF THE OPINION DTD. 26/05/2011 IN W.A.NO.295/2011 OF THIS HON'BLE COURT. /TRUE COPY/ P.A.TO JUDGE Kss HARUN-UL-RASHID, J. --------------------------------------- W.P.(C) No. 9688 of 2011 --------------------------------------- Dated this the 4th day of August 2011. JUDGMENT This writ petition is filed seeking a direction directing the respondent to pay the amount due to the petitioner's father to the petitioner as per Exts.P3 . It is submitted by the petitioner that on enquiry it is understood that the amount due to the Contractors till February 2010 is paid. It is also submitted that the amount due to the petitioner from 29.9.09 is remained unpaid. 2. The first respondent filed a counter affidavit. In paragraph 6 of the counter affidavit it is stated by the first respondent Corporation that payments if any due to the petitioners could be made only as per the list of priority, that the list was already prepared and payments are being made based on the priority in the list. It is also stated that there are payments which has to be collected by the Corporation in terms of W.P.(C) No.9688/2011 2 taxes and other dues, which is being delayed and hence there was some delay in making the payments as per the date of completion. It is further stated that the payments could be made only in tune with the orders of this Court in W.P.(C) No.27119/2008 and as per orders in Writ Appeal No. 295/2011. In the aforesaid context, the respondent Corporation submitted that the entire payment, which is due to the petitioner will be given as per the date of completion in tune with the seniority list. 3. According to the learned counsel for the petitioner even if priority is taken into consideration, the amount due to the petitioner till 20.2.2010 has to be disbursed to the petitioner forthwith. The petitioner also pointed out that the petitioner's father had availed a loan from State Bank of Travancore for the work done. The Bank has taken coercive steps to realise the amount from the petitioner . The petitioner apprehends that the bank may at any time initiated coercive steps for realisation of the loan amount. W.P.(C) No.9688/2011 3 4. In this circumstances, the respondent shall consider the grievances of the petitioner regarding the amount due to the petitioner for the period from 29.9.09 till 20.2.2010. If the grievance of the petitioner is justified, the respondent Corporation shall disburse the amount due to the petitioner for the aforesaid period within two weeks from today. The writ petition is disposed of as above. HARUN-UL-RASHID JUDGE al