Petitioner entitled to dues without illegal deductions; corporation must process representation promptly.

JUDGMENT

The above writ petition is filed with following prayers :

(i) “declare that the first respondent is not entitled to deduct centage charges and GST from the bills for the works done by the petitioner and covered by Exts.P3 to P6 agreements.

(ii) declare that the petitioner is not liable to pay late fee in respect of the works covered by Exts. P3 to P6 agreements.

(iii) issue a writ of mandamus or any other appropriate writ, order or direction directing the second respondent to consider and pass orders on Ext.P15 representation after affording an opportunity of hearing to the petitioner.

(iv) issue a writ of mandamus or any other appropriate writ, order or direction directing the first respondent to release the amount of Rs. 96,03,943/- that is due to the petitioner in respect of the works done and covered by Exts.

P3 to P6 agreements.

(v) declare that the respondents are not entitled to proceed with the work covered by Ext.P16 letter before settling the legal dues of the petitioner.

(vi) issue any other appropriate writ, order or direction that this Hon’ble Court may deem fit in the facts and circumstances of the case.”[sic]

2. According to the petitioner, there is illegal deduction of amounts legally payable by the 1^st respondent to the petitioner and there is failure on the part of the 3^rd and 1^st respondents in not considering and passing any order on Ext.P15 representation. It is also submitted that hasty steps are taken by the 3^rd respondent to award the work in terms of Ext.P16 letter. Hence, this writ petition is filed.

3. Heard the learned counsel for the petitioner, the learned Standing Counsel for the Corporation and the also the Government Pleader.

4. When this writ petition came up for consideration before this Court on 01.08.2025 , this Court passed the following order :

“The learned Standing Counsel for the respondent 1 to 4 seeks further time to get instructions and file a statement.

The respondents 1 to 4 are directed to defer all further proceedings pursuant to Ext.P16 notice till the date of next hearing.

Post on 25.08.2025”

5. That order is extended regularly. No counter affidavit is filed by the Corporation so far. Considering the facts and circumstances of this case, I am of the considered opinion that this writ petition need not be retained here. Ext.P15 is addressed to the Hon'ble Mayor of Kollam Corporation. There can be a direction to the Secretary to the Corporation to consider Ext.P15, after giving an opportunity of hearing to the petitioner and till then, the interim order can continue.

Therefore, this writ petition is disposed of with the following directions :

1) The Secretary to the 1^st respondent -Corporation is directed to consider Ext.P15 after giving an opportunity of hearing to the petitioner, as expeditiously as possible, at any rate, within two months from the date of receipt of a certified copy of this judgment.