IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 18TH NOVEMBER 2008 / 27TH KARTHIKA 1930 RSA.No. 708 of 2008(A) ---------------------- AS.208/2005 of DISTRICT COURT, KOTTAYAM OS.142/2001 of ADDL.MUNSIFF COURT,KOTTAYAM .................... APPELLANTS/ APPELLANTS/DEFENDANTS ----------------------------------------------------- 1. STATE OF KERALA REPRESENTED BY CHIEF SECRETARY TO THE STATE, THIRUVANANTHAPURAM. 2. PWD SECRETARY, PWD OFFICE, ROADS & BRIDGES, THIRUVANANTHAPURAM. 3. THE CHIEF ENGINEER, PWD OFFICE, ROAD & BRIDGES, SOUTH CIRCLE, THIRUVANANTHAPURAM. 4. SUPERINTENDING ENGINEER, PWD OFFICE, ROAD & BRIDGES, SOUTH CIRCLE, THIRUVANANTHAPURAM. 5. EXECUTIVE ENGINEER, ROAD DIVISION, PWD OFFICE, KOTTAYAM. BY GOVERNMENT PLEADER SRI. SURESH BABU RESPONDENT(S): RESPONDENT/ PLAINTIFF ------------------------------------ P.T.THOMAS, AGED 53 YEARS, S/O.THOMAS, RESIDING AT PURAYIDATHIL HOUSE, PADINJATTUMBHAGOM KARA, ATHIRAMPUZHA VILLAGE, KOTTAYAM TALUK. ADV. SRI.REJI GEORGE (CAVEATOR) FOR R1 THIS REGULAR SECOND APPEAL HAVING COME UP FOR ADMISSION ON 18/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * R.S.A. NO. 708 of 2008 * * * * * * * * * * * * * * * * * * Dated: 18-11-2008 JUDGMENT The defendants including the State of Kerala in O.S. No. 142 of 2001 on the file of the Addl. Munsiff's Court, Kottayam are the appellants in this Second Appeal. 2. The said suit was one for realisation of a sum of Rs. 27,045/- being the interest payable to the plaintiff, a P.W.D. Contractor for the work done in connection with the S.R. Improvements to Kidangoor Junction. The amount which was admittedly payable for the work was Rs. 1,14,744/-. The work was to be completed on 3-4-1998 on which day the amount would become payable. Since the bills submitted by the plaintiff was not honoured by the defendants, the plaintiff sent a notice under Sec. 80 C.P.C. on 27-8-1999. Inspite of receipt of the notice, the amount was not paid. The plaintiff was then constrained to file five Writ Petitions before this Court. In Ext.A6 Judgment dated 29-10-1999 in O.P. No. 24177/99 this Court directed payment of the admitted bill amounts within R.S.A. No. 708 of 2008 -:2:- three months thereof failing which it was held that the amount would carry interest at the rate of 12%. The defendants paid the amount only on 11-12-2000 that is, much after the period of three months fixed by this Court. Hence the suit was filed for realisation of the interest amount payable from 3-4-1998 to 11- 12-2000 at the rate of 12%. The courts below have decreed the suit as prayed for. I do not find any questions of law, much less any substantial question of law arising for consideration in this Second Appeal. The questions formulated in this memoradum of appeal do not arise for consideration in this Second Appeal which is accordingly dismissed in limine. Dated this the 18th day of November 2008. V. RAMKUMAR, (JUDGE) ani.