In a writ petition, the petitioner, convener of a Beneficiary Committee, sought recovery of Rs.4.50 lakhs for a constructed check dam. The court held that no valid reason existed to deny payment and ordered disbursement.
Directing the respondents to pay the sum of Rs 4,50,432/- to the petitioner within 30 days.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE P.N.RAVINDRAN
WEDNESDAY, THE 23RD DAY OF MAY 2012/2ND JYAISHTA 1934
WP(C).No. 377 of 2011 (V)
PETITIONER(S):
P.K.PRIJOSH S/O.KARUNAKARAN, RESIDING AT VAZHAVALAPPIL HOUSE VYTHIRI P.O., VYTHIRI, WAYANAD DISTRICT.
BY ADVS.SRI.A.V.JAMES SRI.P.DALBI EMMANUEL
RESPONDENT(S):
1. VYTHIRI GRAMA PANCHAYATH AND ANOTHER
2. THE DISTRICT COLLECTOR, WAYANAD DISTRICT
R1 BY ADV. SRI.MANOJ RAMASWAMY R2 BY GOVERNMENT PLEADER SRI V.K.RAFEEQ
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 2305-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
MNS/
WP(C).No. 377 of 2011 (V)
APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT-P1: THE TRUE COPY OF THE REPRESENTATION DATED 08.12.2009 GIVEN BY
THE 1ST RESPONDENT TO THE 2ND RESPONDENT.
RESPONDENTS' EXHIBITS: NIL
//TRUE COPY//
PS TO JUDGE
MNS/
P.N.RAVINDRAN, J.
W.P(C).No.377 of 2011
Dated this the 23rd day of May, 2012
JUDGMENT
The petitioner was the Convener of the Beneficiary Committee constituted by the respondents to construct a check dam across Vythiri river under the NFFW (P), 2004-2005. After administrative sanction for construction of the bridge at an estimated cost of Rs.14,04,000/- was given, the petitioner entered into an agreement with the first respondent Panchayat on 28.2.2005. Thereupon the sum of Rs.2,50,000/- was given as advance to the petitioner. The work was completed on 30.5.2005 and the petitioner raised a bill for Rs.14,50,432/- inclusive of tax. He also submitted an application dated 19.5.2008 for payment of the balance amount of Rs.12,00,432/-. After the agreement was entered into and the work was executed, administrative sanction for the work was revised and the estimate was brought down to Rs.10,00,000/-. That led to non-payment of the bill raised by the petitioner in full and he was paid only Rs.7,50,000/-. The petitioner thereupon approached the first respondent with his
W.P(C).No.377 of 2011
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grievances and he was informed that the President of the first respondent Panchayat has already sent Ext.P1 representation dated 8.12.2009 to the District Collector, Wayanad district, wherein he has requested the District Collector to take steps to disburse the balance amount of Rs.4,50,432/-. This writ petition is filed contending that as there was no change in the estimate or the quantity of the work and the work was executed in time and no complaint has been raised regarding the work, the respondents are bound to pay the balance amount of Rs.4,50,432/-. In this writ petition the petitioner seeks the following relief:-
i) Issue a writ of mandamus or any other writ,
order or direction to the respondents to pay a sum of Rs.4,50,432/- to the petitioner.
W.P(C).No.377 of 2011
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The President of the Panchayat has in Ext.P1 representation addressed to the District Collector stated that the Beneficiary Committee should be paid the entire amount for which the work was awarded. Apart from stating that administrative sanction was revised and the estimate was reduced to Rs.10,00,000/after the work was executed and completed, no other reason has been put forward to deny payment to the petitioner. In such circumstances I am of the opinion that he is entitled to succeed.
I accordingly dispose of the writ petition with a direction to the respondents to take steps to disburse the sum of Rs.4,50,432/- to the petitioner in respect of the work executed by him. The needful in the matter shall be done and payment made within 30 days from the date on which the petitioner produces a certified copy of this judgment before the second respondent.
P.N.RAVINDRAN, Judge.
ahg.
P.N.RAVINDRAN, J.
W.P(C).No.377 of 2011
JUDGMENT
23rd May, 2012
1 issue framed by the court
Whether the petitioner is entitled to the balance payment of Rs.4,50,432/- for work executed under the agreement.
P.K. Prijosh
Vythiri Grama Panchayat
District Collector, Wayanad
P.N. Ravindran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
