Disposed

K. Surendran Achari v. State of Kerala

Kerala HC9 Aug 2012WP(C)/4534/2012

Case brief

AI extract

What is this about?

Petitioner claimed unpaid dues for bridge construction. Court directed second respondent to allocate funds within four weeks and first respondent to sanction disbursement within eight weeks, mandating payment to the petitioner thereafter.

What did the court decide?

Directed 2nd Respondent to allocate funds within 4 weeks and 1st Respondent to sanction within 8 weeks; 3rd Respondent to pay petitioner upon availability.

K. Surendran Achari Vs State of Kerala — Money Laundering | Kerala HC (2012)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR.JUSTICE ANTONY DOMINIC

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THURSDAY, THE 9TH DAY OF AUGUST 2012/18TH SRAVANA 1934

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WP(C).No. 4534 of 2012 (N)

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PETITIONER(S):

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K. SURENDRAN ACHARI, AGED 63 YEARS ALUVILAYIL VEEDU, KAIPPALLYKOTTAPOIKA CHEMBAKARAMANALLOOR MURI, EDAMULAKKAL VILLAGE KOLLAM DISTRICT.

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BY ADVS.SRI.SHABU SREEDHARAN SRI.H.SHAJILKHAN SRI.T.S.ANURAJ SRI.B.S.ROSHAN SRI.C.R.SUGATHAN

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RESPONDENT(S):

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1. STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY

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LOCAL GOVERNMENT DEPARTMENT

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GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.

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2. THE SECRETARY

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KOLLAM DISTRICT PANCHAYATH, THEVALLY P.O.

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KOLLAM-691009.

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3. EDAMULAKKAL GRAMA PANCHAYATH, REP. BY ITS SECRETARY,

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EDAMULAKKAL P.O., KOLLAM-691321.

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BY ADV. SRI.N.UNNIKRISHNAN

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BY SR GOVERNMENT PLEADER SRI.M.MOHAMMED SHAFI

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09-08-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WPC NO.4534/12

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APPENDIX

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PETITIONER'S EXHIBITS

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EXT.P1	TRUE COPY OF THE CONTRACT BETWEEN THE PETITIONER AND THE 3RD RESPONDENT DATED 27/8/2005 NO.48/05-06/SGRY/SPL-27/ 08/2005.
EXT.P2	THE TRUE COPY OF THE REVISED ESTIMATE.
EXT.P3	THE TRUE COPY OF THE COMPARATIVE STATEMENT.
EXT.P4	THE TRUE OF THE DECISION OF MEETING HELD ON 12/1/2010 OF EDAMULACKAL GRAMA PANCHAYATH.
EXT.P5	THE TRUE COPY OF THE MEMORANDUM OF PAYMENTS TO THE PETITIONER ALONG WITH ITS CONTRACT CERTIFICATE.
EXT.P6	THE TRUE COPY OF THE RELEVANT PAGE OF THE MEASUREMENT BOOK.
EXT.P7	THE TRUE COPY OF THE LETTER DATED 19/7/2011 NO. A7-1918/2010 TO THE IST RESPONDENT BY THE 2ND RESPONDENT.

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EXHIBITS OF R3

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EXT.R3A: TRUE COPY	OF DECISION NO.V(7) DT 25.6.11 OF DISTRICT
PANCHAYAT, KOLLAM.

//True Copy//

PA to Judge

ANTONY DOMINIC, J. ================ W.P.(C) NO. 4534 OF 2012

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===================

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Dated this the 9^th day of August, 2012

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J U D G M E N T

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Petitioner is the Convenor of the Beneficiary Committee constituted for the purpose of construction of Kaipally -- Kottapoika -- Parakkadavu Bridge and approach road across the Ithikara river. This was a project under the SGRY Scheme implemented under the joint auspice of respondents 2 and 3. According to the petitioner, the work was completed on 31/7/10 and out of the amounts that are due, `5,17,627 is still remaining unpaid. Therefore, he has filed this writ petition seeking a direction to the 3^rd respondent with whom the agreement was executed, to pay the aforesaid amount.

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The 3^rd respondent has filed a counter affidavit. As per the counter affidavit, balance amount due to the petitioner is `4,51,040. According to the 3^rd respondent, the work was started in 2005-06 and contribution was to be made from the District Panchayat, Anchal Block Panchayat, Edamulakkal Grama Panchayat and Ittiva Grama Panchayat. In addition, contributions were also to be made under the Village Panchayat Fund and SGRY

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:2 :

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WPC.No.4534/12

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Scheme. It is stated that `5,17,621 is due to be received from the District Panchayat, Kollam and that on receipt thereof, amount will be released to the petitioner. They have also produced Ext.R3 (A), Decision No.V dated 25/6/11 passed by the District Panchayat, which shows that steps have been taken by the Panchayat to get an approval of the Government to release final payment to the 3^rd respondent Panchayat.

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Learned Government Pleader submitted that on receipt of Ext.R3(A) from the 2^nd respondent, 1^st respondent has directed the 2^nd respondent to allocate necessary funds in the current financial year. It is stated that, once allocation is made, the 1^st respondent will grant sanction for release of the funds to the 3^rd respondent.

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Pleadings in the writ petition show that the liability to the extent of `4,51,040 due to the petitioner is admitted by the 3^rd respondent. However, the only contention raised by the 3^rd respondent is that the amount due can be paid only after the same is received from the 2^nd respondent. The submission made by the learned Government Pleader shows that what is required is that, once 2^nd respondent intimates allocation of funds in the

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:3 :

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WPC.No.4534/12

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current financial year to the 1^st respondent, the 1^st respondent shall accord sanction for disbursement of the funds to the 3^rd respondent. Therefore, I direct the 2^nd respondent to allocate necessary funds as directed by the Government and intimate the same to the 1^st respondent. This the 2^nd respondent shall do at any rate within 4 weeks from the date of receipt of a copy of this judgment. Once the intimation is received from the 2^nd respondent as above, 1^st respondent shall accord sanction at any rate within 8 weeks thereafter. Thereafter, the funds shall be disbursed by the 2^nd respondent and the 3^rd respondent shall pay the amounts due to the petitioner without any further delay.

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Writ petition is disposed of as above.

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ANTONY DOMINIC, JUDGE

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K. Surendran Achari v. State of Kerala

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K. Surendran Achari v. State of Kerala

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