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2022 Supreme(Online)(KER) 46390
HIGH COURT OF KERALA
P.V.KUNHIKRISHNAN, J
A.JOHN, – Appellant
Versus
THE ADIMALI GRAMA PANCHAYATH, – Respondent
WP(C)/1894/2022
P.KURUVILLA JACOB, JOICE GEORGE -SC
The court affirmed the right to prompt payment of contractual dues and the imposition of interest for delayed payment under mandamus relief.
Headnote:
Mandamus - Architectural Fees - Writs Section List - The court directed the Panchayat to pay the admitted architectural fee and established the right to interest on delayed payments, interpreting legal provisions related to mandamus and contractual obligations.
Fact of the Case:
The petitioner filed a writ petition seeking payment of an admitted architectural fee, claiming the amount was overdue from the Panchayat despite reminders and contractual obligations.
Issues: Whether the petitioner is entitled to receive the overdue architectural fee along with interest and what directives should be issued to ensure compliance.
Ratio Decidendi: The court emphasized the enforceability of contractual obligations and the need for timely payments, reinforcing the use of mandamus for enforcement.
Final Decision: Writ petition allowed; respondents directed to pay the admitted architectural fee within two months with 9% interest for any delay.
JUDGMENT
The above writ petition is filed with the following prayers:
“ (i) To issue a writ of mandamus or any other appropriate writ, order or direction to the respondents 1 and 2, directing them to pay the admitted balance bill amount/architectural fee of Rs.3,49,922/- to the petitioner as expeditiously as possible within a specific period of time that may be fixed by this Hon'ble Court;
(ii) Issue a writ of mandamus or any other appropriate writ, order or direction to respondents 1 and 2 directing them to pay 12% interest to the aforesaid admitted balance architectural fee of Rs.3,49,922/- remaining due to petitioner from
25.07.20;
(iii) To issue such other appropriate writ, order or direction to respondents which this Hon’ble court may deem fit and proper on the facts of the case including the costs of the petitioner in this proceeding.”
(SIC)
2. When this writ petition came up for consideration, the learned counsel for the petitioner submitted that, the admitted amount is not paid by the Panchayat.
3. The learned Counsel appearing for the Panchayat submitted that, the admitted amount will be paid within two months from today. The same is recorded.
4. In the light of the above, the writ petition is allowed in the following manner;
Respondent Nos. 1 and 2 will pay the admitted amount to the petitioner within two months from today. If the amount is not paid in two months, the admitted amount will carry interest at the rate of 9%.
Sd/-
P.V.KUNHIKRISHNAN
APPENDIX OF WP(C) 1894/2022 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE AGREEMENT DATED
28.02.2018 EXECUTED BETWEEN THE PETITIONER AND 2ND RESPONDENT.
EXHIBIT P2 TRUE COPY OF THE TECHNICAL SANCTION DATED 25.06.20 GIVEN BY THE CHIEF ENGINEER OF LSGD RELATING TO THE CONSTRUCTION OF THE AUDITORIUM OF ADIMALY GRAMA PANCHAAYTH KALYANA MANDAPAM.
EXHIBIT P3 TRUE COPY OF PETITIONER'S LETTER DATED
23.04.21 FORWARDED TO 2ND RESPONDENT BY REGISTERED POST.
EXHIBIT P4 TRUE COPY OF PETITIONER'S LETTER DATED
22.07.21 FORWARDED TO 2ND RESPONDENT.
EXHIBIT P5 TRUE COPY OF PETITIONERS APPLICATION DATED 31.08.21 SUBMITTED TO THE PUBLIC INFORMATION OFFICER OF ADIMALY GRAMA PANCHAYTH ON 01.09.21 UNDER THE RIGHT TO INFORMATION ACT.
EXHIBIT P6 TRUE COPY OF THE REPLY DATED 16.09.21 OF THE STATE PUBLIC INFORMATION OFFICER AND SECRETARY OF ADIMALY PANCHAYATH COMMUNICATED TO PETITIONER BY REGISTERED POST.
EXHIBIT P7 TRUE COPY OF PETITIONER'S LETTER DATED
08.01.22 FORWARDED TO 2ND RESPONDENT ON 10.01.22 BY SPEED POST.
EXHIBIT P7 A TRUE PHOTOSTAT COPY OF THE ORIGINAL POSTAL RECEIPT DATED 10.01.22 OBTAINED WHILE SENDING EXT.P7 LETTER TO 2ND RESPONDENT.
// True Copy // PA To Judge
