IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 30811 of 2010(B)
1. A.JOHN, ANSONS GROUP,
... Petitioner
Vs
1. THE CHANGANACHERRY MUNICIPALITY,
... Respondent
2. THE CHANGANACHERRY MUNICIPAL COUNCIL,
3. STATE OF KERALA REPRESENTED
For Petitioner :SRI.P.KURUVILLA JACOB
For Respondent :SRI.SIBY MATHEW
The Hon'ble MR. Justice P.N.RAVINDRAN
Dated :22/10/2010
O R D E R
P.N.RAVINDRAN, J.
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W.P.(C) No. 30811 OF 2010
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Dated this the 22nd day of October, 2010
J U D G M E N T
The petitioner, an Architect by profession, executed
certain works for the Changanacherry Municipality. The dispute
raised in this writ petition relates to payment of architectural fee
and service tax. The petitioner’s request for payment of the
sum of Rs.2,20,087/-, which according to him was the balance
amount which he was entitled to receive, was rejected by
Ext.P9 letter dated 17.5.2010 wherein the Secretary of the
Municipality took the stand that the balance amount payable to
the petitioner is only Rs.8,346/-. Ext.P9 is under challenge in
this writ petition wherein the petitioner seeks a direction to the
respondents to pay him the balance bill amount of
Rs.2,20,087/- with interest from 13.8.2006.
In my opinion in view of the stand taken by the
Municipality in Ext.P9 letter, the remedy of the petitioner, if he is
aggrieved thereby, is to move the competent civil court. In such
WPC No.30811/2010 2
circumstances, I am of the opinion that no relief could be
granted to the petitioner in this writ petition. The writ petition
fails and is accordingly dismissed without prejudice to the right
of the petitioner to move the competent civil court seeking
redressal of his grievances.
P.N.RAVINDRAN,
(JUDGE)
vps
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