LAWS(KER)-2023-3-56

VISHNU Vs. STATE OF KERALA

Decided On March 01, 2023
VISHNU Appellant
V/S
STATE OF KERALA Respondents

JUDGEMENT

(1.) The writ petition is filed seeking a direction to the respondents to disburse an amount of Rs.7,50,758.00 to the petitioners in connection with the contract work carried out by their father; and for a further writ of mandamus commanding the respondents to pay 12% of interest on the amount due to the petitioners from the date of submission of the bill to the date of payment.

(2.) Brief material facts for the disposal of the writ petition are as follows:

(3.) The said suit was dismissed; however, the appeal, A.S. No. 383 of 2005 filed before the Court of IInd Additional District Judge, Thiruvananthapuram was decreed as per Exhibit P1 judgment dtd. 3/1/2009. In the meanwhile, petitioners' father submitted 3 bills during the course of work and the second bill amounting to Rs.11,99,333.00 was withheld on the ground that Sri. K. Muraleedharan was liable to pay amounts to the Government in some other contract. The liability of Sri. K. Muraleedharan was later re-fixed at Rs.7,50,758.00 and the respondents released only Rs.4,48,475.00 to the petitioners' father, as per the cheque bearing No.108257 dtd. 24/4/2009.