High Court Kerala High Court

Baiju.V.V vs The Corporation Of Kochi on 19 January, 2011

Kerala High Court
Baiju.V.V vs The Corporation Of Kochi on 19 January, 2011
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 121 of 2011(M)


1. BAIJU.V.V,S/O.VASU,AGED 38,
                      ...  Petitioner

                        Vs



1. THE CORPORATION OF KOCHI,REP.BY ITS
                       ...       Respondent

2. THE CORPORATION ENGINEER, CORPORATION

                For Petitioner  :SRI.M.H.HANIS

                For Respondent  : No Appearance

The Hon'ble MR. Justice C.T.RAVIKUMAR

 Dated :19/01/2011

 O R D E R
                             C.T. RAVIKUMAR, J.
                      --------------------------------------------
                          W.P.(C). NO.121 OF 2011
                      --------------------------------------------

                    Dated this the 19th day of January, 2011


                                   JUDGMENT

The grievance of the petitioner who is a contractor is with respect to

the non-disbursement of bills covered as per Exts.P2 to P6. With respect

to the liability of the respondents to disburse the amount covered as per the

aforesaid bills, there is no dispute. The learned standing counsel appearing

for the respondents submitted that disbursement of bills to contractors up

to 12.10.2009 had been made. The turn of the petitioner will reach within

one month as regards disbursement of the bill submitted by him on

30.10.2009. This is recorded. The contention of the petitioner is that he is

in urgent need of money to discharge his liabilities towards certain

financial institutions. In such circumstances, the petitioner prays that the

respondents may also be directed to effect payment of the bill covered as

per Ext.P3 dated 21.11.2009 expeditiously. The priority in the matter of

disbursement of bills to contractors under the Corporation of Kochi has

been fixed pursuant to the decision in certain writ petitions filed by

contractors. Therefore, I am of the view that this Court will not be

W.P.(C) NO.121/2011 2

justified in ordering for any deviation from the guidelines so framed.

However, in view of the submission made on behalf of the respondents

that they have already cleared bills up to 12.10.2009, this Writ Petition is

disposed of with a direction to the respondents to disburse the amount

covered as per Ext.P2 bill dated 30.10.2009 expeditiously, at any rate,

within a period of one month from today. It will be appropriate if the

respondents expedite the steps to effect payment of bills submitted by the

petitioner on 21.11.2009 without deviating from the priority fixed in terms

of the earlier judgments of this Court.

(C.T. RAVIKUMAR, JUDGE)

spc

W.P.(C) NO.121/2011 3

C.T. RAVIKUMAR, J.

JUDGMENT

September, 2010

W.P.(C) NO.121/2011 4