CHIEF ENGINEER (IRRIGATION) Vs. K. REGHUNATHAN

JUDGEMENT

(1.) Can the judgment rendered in a Writ Petition under Art. 226 of the Constitution of India be executed in a civil court when there is an express declaration therein that the same is in the nature of a decree The petitioners in this Original Petition filed under Art. 227 of the Constitution of India are the Chief Engineer and the Executive Engineer of the Irrigation Department and the respondent is an independent contractor. The respondent successfully completed fourteen items of work entrusted to him by the Irrigation Department and later submitted bills to the petitioners for settlement. The failure to settle the bills and even pay the admitted amounts led to the respondent filing a Writ Petition. O.P. No. 26920/1999 on the file of this Court filed by the respondent was disposed of by Ext. P1 judgment dated 07.12.1999. The operative part of the same read as follows:-

(2.) The petitioners did not comply with the directions contained in Ext. P1 judgment compelling the respondent to initiate proceedings in contempt C.C.C. No. 1150/2000 on the file of this Court filed by the respondent was disposed of by Ext. P2 judgment dated 6.4.2001. It inter alia read as follows:-

(3.) The admitted bill amount was paid by the petitioners who however did not care to pay interest to the respondent on account of belated settlement. The claim of the respondent that the admitted amount would carry interest from the date of submission of the bills fell on deaf ears. The respondent therefore filed yet another Writ Petition seeking the issue of a writ of mandamus to pay interest. W.P. (C) No. 3470/2007 on the file of this Court filed by the respondent was disposed of by Ext. P3 judgment dated 27.5.2009. The concluding part of the judgment read as follows:-