IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON TUESDAY, THE 8TH DECEMBER 2009 / 17TH AGRAHAYANA 1931 WP(C).No. 33346 of 2009(K) -------------------------- PETITIONER: --------------- M.S.SIVADASAN, AGED 51 YEARS, S/O.SUBRAMANIAN, MANALIKKATTIL HOUSE, LOKAMALLESWARAM, KODUNGALLOOR.P.O, THRISSUR DISTRICT. BY ADV. SRI.KAPPILLIL ANILKUMAR RESPONDENTS: --------------- 1. COCHIN DEVASWOM BOARD, REPRESENTED BY ITS SECRETARY, THRISSUR. 2. EXECUTIVE ENGINEER, COCHIN DEVASWOM BOARD, THRISSUR. ADV. SRI.K.GOPALAKRISHNA KURUP,SC,COCHIN DEVASWOM BOARD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMAN & P.R. RAMACHANDRA MENON, JJ. ............................................................................... W.P.(C) No. 33346 OF 2009 ......................................................................... Dated this the 8th December, 2009 J U D G M E N T P.R. Raman, J: The petitioner is a contractor, who was awarded the work of construction of drainage in Thirumuttam of Sree Kurumba Bhagavathy temple, Kodungallur, as evidenced by Ext. P1. According to him, he has completed the work and submitted bills for Rs.6,50,000/- on 22.06.2009 and that though he had requested respondent Nos. 1 and 2 for settlement of his bills, but so far no amount has been paid to him. 2. The Secretary, Cochin Devaswom Board, in her counter affidavit has stated that with regard to the 'Maramath' works in Cochin Devaswom, several applications are pending for payment and that for paucity of funds, a priority list is maintained as directed in Ext.R1(b). It is also stated that the petitioner's case will also be included in the priority list. In exceptional circumstances, the priority list was overlooked and such cases W.P.(C) No. 33346 OF 2009 2 were given preference in the matter of payment, it is further submitted. 3. In the said circumstances, we cannot direct the Devaswom to deviate from the rule that has been followed by them. However, in case there is any exceptional circumstance, it is open to the petitioner to submit a representation before the Special Commissioner, Cochin Devaswom Board, in which event, the Special Commissioner will look into the matter and pass appropriate orders. The Writ Petition is disposed of as above. P.R. RAMAN, JUDGE. P.R. RAMACHANDRA MENON, JUDGE. lk