M.a.James vs Kerala Land Development Corporation Ltd - Court Judgment

SooperKanoon Citationsooperkanoon.com/1763835
CourtKerala High Court
Decided OnJul-30-2020
Case NumberWP(C)/9275/2020
JudgeHonourable Mr.Justice N.Nagaresh
AppellantM.a.James
RespondentKerala Land Development Corporation Ltd
Excerpt:
in the high court of kerala at ernakulampresent the honourable mr.justice n.nagaresh thursday, the 30th day of july 2020 / 8th sravana, 1942 wp(c).no.9275 of 2020(h) petitioner: m.a.james, aged 62 years, s/o. antony, contractor, mannasseril house, thalayazham p.o., vaikom via, kottayam district. by adv. sri.babu joseph kuruvathazha respondents:1 kerala land development corporation ltd., t.c. 11/570, bains compound, museum, kowdiar p.o., thiruvananthapuram-695 003, represented by its managing director. 2 construction engineer, kerala land development corporation limitedd 28/747, sabari gardens, chandanakavu, alappuzha 688 011. 3 district treasury officer, district treasury, alappuzha, pin-688 001. 4 government of kerala, represented by its principal secretary, department of finance, government secretarial, thiruvananthapuram-695 001. r1 by sri.baijuraj g., sc, kldc ltd. government pleader - smt. divya c. balan this writ petition (civil) having come up for admission on30.07.2020, the court on the same day delivered the following: :2:judgmentdated this the 30th day of july, 2020 the petitioner is before this court seeking to command the respondents to do the needful to honour ext.p2 cheque issued to him.2. the petitioner, a class-a contractor, undertookwork ridf xx infrastructural development works at central nedungad pokkali padasekharam in nayarambalam panchayat of ernakulam district and executed agreement on 24.08.2015. the work was a central government sponsored one. when work progressed, the petitioner raised 4 th part bill for an amount of ₹15,76,511/-. the 2nd respondent issued ext.p2 cheque no.2975310 of the treasury savings bank, dated 13.03.2020. the petitioner presented the cheque in the office of the district treasury officer and a token was assigned to the petitioner. however, the cheque was not :3:honoured for reasons not known to the petitioner. now, the validity of the cheque period has expired. appropriate orders may therefore be passed enabling the petitioner to receive the amount, urged advocate babu joseph kuruvathazha, the learned counsel for the petitioner.3. heard learned counsel for the petitioner and learned government pleader appearing for the respondents.4. the entitlement of the petitioner to receive₹15,76,511/- is not disputed. issuance of the cheque by the 2nd respondent is also not under dispute. in the circumstances, the writ petition is disposed of directing the 2nd respondent to re-validate ext.p1 cheque, forthwith. there will be a further direction to respondents 3 and 4 to honour the cheque and pay the amount due to the petitioner within a period of one month from the date of presentation of the cheque. sd/- n. nagaresh, judge aks/31.07.2020 :4:appendix petitioner's exhibits: exhibit p1 true copy of the order dated 13.3.2020 issued by the 2nd respondent. exhibit p2 true photocopy of the cheque no. 2975310 of the treasury savings bank dated 13.3.2020, for the value of rs. 15,76,511/- issued by the 2nd respondent.
Judgment:

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH THURSDAY, THE 30TH DAY OF JULY 2020 / 8TH SRAVANA, 1942 WP(C).No.9275 OF 2020(H) PETITIONER: M.A.JAMES, AGED 62 YEARS, S/O. ANTONY, CONTRACTOR, MANNASSERIL HOUSE, THALAYAZHAM P.O., VAIKOM VIA, KOTTAYAM DISTRICT. BY ADV. SRI.BABU JOSEPH KURUVATHAZHA RESPONDENTS:

1 KERALA LAND DEVELOPMENT CORPORATION LTD., T.C. 11/570, BAINS COMPOUND, MUSEUM, KOWDIAR P.O., THIRUVANANTHAPURAM-695 003, REPRESENTED BY ITS MANAGING DIRECTOR. 2 CONSTRUCTION ENGINEER, KERALA LAND DEVELOPMENT CORPORATION LIMITEDD 28/747, SABARI GARDENS, CHANDANAKAVU, ALAPPUZHA 688 011. 3 DISTRICT TREASURY OFFICER, DISTRICT TREASURY, ALAPPUZHA, PIN-688 001. 4 GOVERNMENT OF KERALA, REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE, GOVERNMENT SECRETARIAL, THIRUVANANTHAPURAM-695 001. R1 BY SRI.BAIJURAJ G., SC, KLDC LTD. GOVERNMENT PLEADER - SMT. DIVYA C. BALAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON

30.07.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: :2:

JUDGMENT

Dated this the 30th day of July, 2020 The petitioner is before this Court seeking to command the respondents to do the needful to honour Ext.P2 cheque issued to him.

2. The petitioner, a Class-A Contractor, undertook

work RIDF XX Infrastructural Development Works at Central Nedungad Pokkali Padasekharam in Nayarambalam Panchayat of Ernakulam District and executed agreement on 24.08.2015. The work was a Central Government sponsored one. When work progressed, the petitioner raised 4 th part bill for an amount of ₹15,76,511/-. The 2nd respondent issued Ext.P2 cheque No.2975310 of the Treasury Savings Bank, dated 13.03.2020. The petitioner presented the cheque in the office of the District Treasury Officer and a token was assigned to the petitioner. However, the cheque was not :3:

honoured for reasons not known to the petitioner. Now, the validity of the cheque period has expired. Appropriate orders may therefore be passed enabling the petitioner to receive the amount, urged Advocate Babu Joseph Kuruvathazha, the learned counsel for the petitioner.

3. Heard learned counsel for the petitioner and learned Government Pleader appearing for the respondents.

4. The entitlement of the petitioner to receive

₹15,76,511/- is not disputed. Issuance of the cheque by the 2nd respondent is also not under dispute. In the circumstances, the writ petition is disposed of directing the 2nd respondent to re-validate Ext.P1 cheque, forthwith. There will be a further direction to respondents 3 and 4 to honour the cheque and pay the amount due to the petitioner within a period of one month from the date of presentation of the cheque. Sd/- N. NAGARESH, JUDGE aks/31.07.2020 :4:

APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1 TRUE COPY OF THE ORDER DATED 13.3.2020 ISSUED BY THE 2ND RESPONDENT. EXHIBIT P2 TRUE PHOTOCOPY OF THE CHEQUE NO. 2975310 OF THE TREASURY SAVINGS BANK DATED 13.3.2020, FOR THE VALUE OF RS. 15,76,511/- ISSUED BY THE 2ND RESPONDENT.