IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID WEDNESDAY, THE 17TH AUGUST 2011 / 26TH SRAVANA 1933 WP(C).No. 3753 of 2011(T) ---------------------------------- PETITIONER(S): ------------------------ ABDUL RUSSAK ,M/S. ELECTROTEC INDUSTRIES INDUSTRIAL ESTATE, SOUTH KALAMASSERY. BY ADV. SRI.ASP.KURUP SRI.SADCHITH.P.KURUP RESPONDENT(S): ------------------------ 1. PALAKKAD MUNICIPALITY MUNICIPAL OFFICE, PALAKKAD REP BY ITS SECRETARY. 2. THE SECRETARY, PALAKKAD MUNICIPALITY MUNICIPAL OFFICE, PALAKKAD. ADV. SRI.V.CHITAMBARESH, SENIOR ADVOCATE SRI.T.C.SURESH MENON SRI.JIBU P THOMAS SRI.P.S.APPU SRI.A.R.NIMOD SRI.C.A.ANOOP THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2 W.P.(C) No. 3753/2011 APPENDIX PETITIONER'S EXHIBITS:- EXT.P1: TRUE COPY OF LETTER DATED 24.12.2010 ISSUED BY PETITIONER TO THE SECOND RESPONDENT. //TRUE COPY// P.A.TO JUDGE HARUN-UL-RASHID, J. --------------------------------- W.P.(C).No.3753 Of 2011 --------------------------------- Dated this the 17th day of August, 2011. JUDGMENT The writ petition is filed seeking a direction commanding the first and second respondents to make payment of Rs.9,77,421.50 to the petitioner since this is the amount remaining unpaid to the petitioner for which the goods have already been supplied and the same is used by the respondents. 2. The petitioner is the proprietor for M/s.Electro- tech Industries, engaged in the sales and supply of various electrical items. Pursuant to the purchase order dated 15.09.2009, issued by the second respondent the petitioner supplied various electrical goods to the first respondent and the first respondent received the same and acknowledged it. The petitioner submits that he had supplied various goods and also prepared invoices W.P.(C).No.3753 Of 2011 2 with respect to the goods supplied. It is also pointed out that certain part payments were made by the first respondent and according to the petitioner the outstanding amount due is Rs.9,77,421.50. In the statement filed on behalf of the respondent it is admitted that Municipality has purchased electrical items from the petitioner's establishment and that the respondents have made part payments. It is also stated that further steps are being taken to clear off the entire arrears in due. Regarding the reason for the delay, it is stated that the Municipality is facing financially obscurity due to lack of funds and that it is struggling to find out the source of payment for various debts pending before it. 3. For the aforementioned reasons and in the light of the statement filed by the respondents, this Court direct the second respondent to pay the amount due to the petitioner without further delay. The payment shall W.P.(C).No.3753 Of 2011 3 be made within a period of two months from the date of receipt copy of this judgment. If the amount due to the petitioner is not paid on or before the date as stated above, the amount payable to the petitioner shall carry interest at the rate of 7.5% per annum from the date fixed in the judgment till payment. HARUN-UL-RASHID, Judge. mns/-