Writ appeal against Single Judge's order directing Respondent Panchayat to pay maintenance amounts for completed lift irrigation scheme work. Court held petitioner's supervision claim was not bona fide and dismissed appeal as no perversity existed.
The writ appeal is dismissed.
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 THE AG.CHIEF JUSTICE MR.ASHOK BHUSHAN
&
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
TUESDAY, THE 2ND DAY OF SEPTEMBER 2014/11TH BHADRA, 1936
WA.No. 897 of 2014 () IN WP(C).7995/2008
AGAINST THE JUDGMENT IN WP(C) 7995/2008 OF HIGH COURT OF KERALA DATED 4.9.2012
AGAINST THE ORDER IN RP 177/2013 OF HIGH COURT OF KERALA DATED 24-03-2014
APPELLANT(S):
THE SECRETARY
VALLATHOL NAGAR GRAMA PANCHAYAT, CHERUTHURUTHY P.O. THRISSUR DISTRICT.
BY ADV. SRI.P.C.SASIDHARAN
RESPONDENT(S):
R2 BY SR. GOVERNMENT PLEADER SRI. P.I . DAVIS R1 BY SRI.T.V.JAYAKUMAR NAMBOODIRI
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 02-09-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WA.NO. 897 OF 2014
APPENDIX
PETITIONER'S EXHIBITS
ANNEXURE - A1 - TRUE COPY OF THE JUDGMENT IN W.A. NO.2008/12
RESPONDENT'S EXHIBITS
NIL
// TRUE COPY // P.A. TO JUDGE
sou.
ASHOK BHUSHAN, Ag.CJ & A.M.SHAFFIQUE, J.
W.A. No. 897 of 2014
Dated this the 2nd day of September, 2014
J U D G M E N T
A.M.Shaffique, J
The first respondent in the writ petition and the review petitioner in R.P.No.177 of 2013 is the appellant. The writ petition is filed seeking for a direction for payment of the amount with reference to the maintenance work carried out by the petitioner in the Lift Irrigation Scheme of Puthussery Padasekharam during the year 2002-2003.
WA. No.897 of 2014
2
Minor Irrigation Department. By Ext.P4 order passed by the Ombudsman, a direction was issued to the Panchayat and the Assistant Engineer, Electrical Wing of the Minor Irrigation Department to certify the work done by the petitioner and to pay the amount within five months from the date of receipt of the order. The said amount has not been paid despite the order of the Ombudsman.
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3
direction to pay interest at the rate of 12% per annum from the date of expiry of the period stipulated by Ext.P4 order of the Ombudsman.
Accordingly, the appeal is dismissed.
Sd/- ASHOK BHUSHAN, ACTING CHIEF JUSTICE
Sd/- A.M.SHAFFIQUE, JUDGE.
sou.
// True copy //
3 issues framed by the court
Whether the contention that the work was not supervised by the Electrical Engineer warrants interference in the Single Judge's judgment.
Whether the Single Judge's direction for payment of the claimed amount despite delay was perversely made.
Whether the appeal against the Single Judge's order in the writ petition regarding maintenance work payment should be allowed.
The Secretary Vallathol Nagar Grama Panchayath, Cheruthuruthy P.O. Thrissur District
K.Narayanankutty
The Assistant Engineer Minor Irrigation Department, Vadakkanchery Thrissur District
Ashok Bhushan
A.M. Shaffique
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
