Petitioner seeks payment of Rs.44,000/- for completed work under SGRY scheme; court orders payment by respondents within one month.
Pay Rs.44,000/- in full and final settlement within one month.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN
TUESDAY, THE 23RD JUNE 2009 / 2ND ASHADHA 1931
WP(C).No. 944 of 2009(K)
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PETITIONER(S):
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P.C.THOMAS, AGED 44 YEARS, S/O.MATHAI CHACKO, ITTYAMPARAMBIL, VALANJAVATTOM EAST P.O., THIRUVALLA, PATHANAMTHITTA DISTRICT.
BY ADV. MR.JOSEPH GEORGE
RESPONDENT(S):
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1. THE SECRETARY, PULIKEEZH BLOCK PANCHAYATH, VALANJAVATTOM P.O., THIRUVALLA, PATHANAMTHITTA DISTRICT.
2. THE PULIKEEZH BLOCK PANCHAYATH, REPRESENTED BY ITS SECRETARY, VALANJAVATTOM P.O., THIRUVALLA, PATHANAMTHITTA DISTRICT.
3. STATE OF KERALA, REPRESENTED BY THE SECRETARY, LOCAL SELF GOVERNMENT DEPARTMENT (LSGD) SECRETARIATE, THIRUVANANTHAPURAM.
R1 BY ADV. MR.T.P.PRADEEP
R3 BY GOVERNMENT PLEADER MT. V.MANU
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Kss
WPC.NO.944/2009 K
APPENDIX
PETITIONER'S EXHIBITS:
RESPONDENT'S EXHIBITS: N I L
/TRUE COPY/
P.A.TO JUDGE
Kss
THOTTATHIL B.RADHAKRISHNAN, J.
W.P(C).No.944 OF 2009
Dated this the 23rd day of June, 2009
JUDGMENT
The petitioner was the convener of a beneficiary committee for a programme under SGRY scheme during 2003-04. The work was duly completed in terms of the agreement. It was measured and check measured to the satisfaction of the competent officers. An amount of Rs.76,489/-, being the cash component, was paid to the petitioner on 20.4.2006 while an amount of Rs.43,213/which represents the labour component was not released. That amount essentially represents the food grains which ought to have been disbursed. But the Block Panchayat was unable to issue that quantity of food grains as the DRDA (District Rural Development Authority) stopped allotment of food grains. This means that from some time in 2006, the petitioner was entitled to be paid the amount of Rs.43,213/-. With the passage of years, it is appropriate that he is paid a lump sum of Rs.44,000/-.
WPC.944/09
Page numbers
In the result, this writ petition is ordered directing that the petitioner be paid an amount of Rs.44,000/- in full an final settlement of the entire transaction and such payment shall be made by respondents 1 and 2 in accordance with law within a period of one month from the date of receipt of a copy of this judgment.
Sd/-
THOTTATHIL B.RADHAKRISHNAN, Judge.
kkb.24/6.
1 issue framed by the court
Whether the petitioner is entitled to payment of the outstanding labour component under the SGRY scheme agreement.
P.C.THOMAS
THE SECRETARY, PULIKEEZH BLOCK PANCHAYATH
THE PULIKEEZH BLOCK PANCHAYATH
STATE OF KERALA
THOTTATHIL B.RADHAKRISHNAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
