K.P.Chandradasan vs Perinthalmanna Municipality on 27 October, 2010

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 32725 of 2010(M)


1. K.P.CHANDRADASAN, S/O.LATE APPUTTY,
                      ...  Petitioner

                        Vs



1. PERINTHALMANNA MUNICIPALITY,
                       ...       Respondent

                For Petitioner  :SRI.P.R.SREEJITH

                For Respondent  : No Appearance

The Hon'ble MR. Justice P.N.RAVINDRAN

 Dated :27/10/2010

 O R D E R
                         P.N.RAVINDRAN, J.
               -----------------------------------------
                     W.P(C).No.32725 of 2010
               -----------------------------------------
            Dated this the 27th day of October, 2010

                              JUDGMENT

The petitioner is a contractor who had executed certain

works for the Perinthalmanna Municipality. He does not dispute

the fact that payment for the work done was made. He however,

contends that only the principal amount of the bill was paid and

that interest for delayed payment of the bill amount was not paid.

The contract entered into between the petitioner and the

respondent has not been produced. The entitlement of the

petitioner for payment of interest in the event of the delay in

payment of the bill amount has not been proved. In such

circumstances I am of the opinion that the remedy of the

petitioner, if he is aggrieved by the delay in payment of the bill

amount, is to institute a suit in the court of competent jurisdiction

claiming interest for the belated payment. Without prejudice to

that right this writ petition is dismissed.

P.N.RAVINDRAN,
Judge.

ahg.

P.N.RAVINDRAN, J.

—————————

W.P(C).No.32725 of 2010

—————————-

JUDGMENT

27th October, 2010