LAWS(KER)-2018-7-587

SECRETARY, PIRAVOM MUNICIPALITY PIRAVOM Vs. AJAYKUMAR

Decided On July 23, 2018
Secretary, Piravom Municipality Piravom Appellant
V/S
Ajaykumar Respondents

JUDGEMENT

(1.) Heard Sri.George Sebastian, the learned counsel for the appellants and Sri.Aboobacker Pulikool, the learned counsel for the first respondent/writ petitioner. Sri.Tek Chand, learned Government Pleader appears for the second respondent.

(2.) Aggrieved by the judgment dated 27.9.2017 in the O.P.No.20631/01, the Secretary and the Chairman of the Piravom Municipality (formerly Piravom Grama Panchayat) are in appeal before us. The writ petitioner was engaged for earth filling work by the Piravom Grama Panchayat, as per the Ext.R1(a) Resolution No.25 in the meeting dated 9.1998, and in pursuance of the work order issued, the earth filling work in the bus stand was carried out. When contractual dues remained unpaid, the O.P.29844/99 was filed. In this proceeding, the standing counsel for the Grama Panchayat submitted that the balance admitted amount shall be paid within three months. Accordingly, this case was disposed of on 21.3.2000, with a direction to the first respondent to pay the entire balance of the admitted amount to the petitioner within three months, failing which it will carry 12% interest from the date of submission of the bills.

(3.) Subsequent to the above order, the CMP No.29274/00 was filed by the Panchayat Secretary in the O.P.29844/99, seeking extension of time and this application was allowed with the direction to the Assistant Engineer, PWD Local Works, to take measurements of the works and further two months' time was granted to make the payment of the admitted amount.