A writ petition seeking a direction to pay amounts for uninstalled fiber tanks was dismissed. The Court held that the matter involved disputed facts and contractual issues better suited for civil courts.
Petitioner directed to approach Civil Court or Project Director as appropriate.
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 K.VINOD CHANDRAN
THURSDAY, THE 27TH DAY OF OCTOBER 2016/5TH KARTHIKA, 1938
WP(C).No. 12855 of 2008 (E)
PETITIONER:
M/S.AMBAZHACHALIL AGENCIES, MUVATTUPUZHA ERNAKULAM DISTRICT, REPRESENTED BY ITS PROPRIETOR P.K.VARGHESE
BY ADV. SRI.P.V.BABY
RESPONDENTS:
1. THE EXECUTIVE CO-ORDINATOR, KERALA TOTAL SANITATION AND HEALTH MISSION, TC 24/2054, LEKSHMI NIVAS, PANAVILA JUNCTION,, THYCAUD P O., THIRUVANANTHAPURAM.
2. THE BLOCK DEVELOPMENT OFFICER, OFFICE OF THE BLOCK DEVELOPMENT OFFICE, DEVIKULAM, IDUKKI DISTRICT.
3. THE PRESIDENT, VATTAVADA GRAMA PANCHAYATH, KOVILOOR P.O, IDUKKI DISTRICT.
4. VATTAVADA GRAMA PANCHAYATH, KOVILOOR PO IDUKKI DISTRICT, REPRESENTED BY ITS, SECRETARY.
R3 BY ADV. SRI.S.DILEEP (KALLAR) R1 BY GOVERNMENT PLEADER SMT.VINEETHA HARIRAJ R4 BY ADV. SRI.B.RAJESH
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27-10-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 12855 of 2008 (E)
APPENDIX
PETITIONER'S EXHIBITS
P1: TRUE PHOTOCOPY OF THE COMMUNICATION DATED 28.11.2002 SENT BY THE 3RD RESPONDENT TO THE ASST. DEVELOPMENT COMMISSIONER, IDUKKI
P2: TRUE PHOTOCOPY OF THE LETTER DATED 25.02.2003 AND THE PROJECT REPORT APPROVED BY THE SECRETARY, BLOCK PANCHAYAT, DEVIKULAM
P3: TRUE PHOTOCOPY OF THE REPRESENTATION DATED 30.5.2003 SENT BY THE PETITIONER TO THE DISTRICT COLLECTOR, IDUKKI
P4: TRUE PHOTOCOPY OF RECEIPT DATED 15.02.2005 ISSUED BY THE KUDUMBA SREE UNIT OF THE 3RD RESPONDENT PANCHAYAT TO THE PETITIONER
P5: TRUE PHOTOCOPY OF COMMUNICATION DATED 15.2.2005 ISSUED BY THE KUDUMBA SREE UNIT OF THE 3RD RESPONDENT PANCHAYAT TO THE 2ND RESPONDENT
P6: TRUE PHOTOCOPY OF COMMUNICATION DATED 4.3.2005 ISSUED BY THE 3RD RESPONDENT PANCHAYAT TO THE PETITIONER
P7: TRUE PHOTOCOPY OF REPRESENTATION DATED 23.3.2005 SUBMITTED BY THE PETITIONER TO THE PROJECT OFFICER, D.R.D.A. IDUKKI
P8: TRUE PHOTOCOPY OF COMMUNICATION DATED 23.4.2005 ISSUED BY THE 1ST RESPONDENT TO THE 2ND RESPONDENT
P9: TRUE PHOTOCOPY OF COMMUNICATION DATED 18.5.2005 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER
P10: TRUE PHOTOCOPY OF THE JUDGMENT DATED 19.3.2007 IN WPC 29435/2006 OF THIS HON'BLE COURT
P11: TRUE PHOTOCOPY OF THE LETTER DATED 13.6.2007 AND THE RESOLUTION OF THE 4TH RESPONDENT
P12: TRUE PHOTOCOPY OF THE JUDGMENT DATED 31.12.2007 IN W.A.NO.2028/2007 OF THIS HON'BLE COURT
P13: TRUE PHOTOCOPY OF THE LAWYER NOTICE DATED 22.11.2007 ISSUED BY THE ADVOCATE OF THE PETITIONER TO THE RESPONDENTS 1 AND 2
P14: TRUE PHOTOCOPIES OF THE LETTER DATED 21.2.2008 AND D.D. DATED 22.2.2008 ISSUED BY THE SECRETARY OF THE BLOCK PANCHAYAT, DEVIKULAM IN FAVOUR OF THE PETITIONER
P15: TRUE PHOTOCOPY OF THE LAWYER NOTICE DATED 25.2.2008 ISSUED BY THE ADVOCATE OF THE PETITIONER TO THE 1ST RESPONDENT
P16: TRUE PHOTOCOPY OF THE COMMUNICATION DATED 01.04.2008 ISSUED BY THE 1ST RESPONDENT TO THE ADVOCATE OF THE PETITIONER.
//TRUE COPY//
P.A.TO JUDGE
JJJ
K. VINOD CHANDRAN, J.
W.P.(C) No. 12855 of 2008 (E)
Dated: 27th October, 2016
J U D G M E N T
The petitioner has approached this Court seeking a direction to the 1st and 2nd respondents to pay an amount Rs.5,30,000/-, being the amount for balance 265 units of fiber tanks distributed by the petitioner to the 3rd respondent Panchayat for installation under the supervision of Kudumbasree unit of the Panchayat, along with 18% interest from 28.05.2005.
W.P.(C) No. 12855/2008
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project. The 1st respondent was directed in Ext.P10 to forward a report to the 2nd respondent after conducting fresh inspection or otherwise; as to the claim of the petitioner of installation of 400 fiber tanks and closets. The 1st respondent was also directed to seek remarks from the Panchayat before forwarding the report to the 2nd respondent. There was also a direction to release payment at the rate of Rs.2,000/- per unit to the petitioner for such number of units for which payment remains to be made.
W.P.(C) No. 12855/2008
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house visit, out of which only 286 individuals had received materials for the construction. Out of this 286, only 81 individuals have toilets installed in their residences. It is also stated that on cross checking it was found that the payment with respect to 12 were already made and a further amount of Rs.1.38 lakh was also made to the petitioner, being the amount due for 69 units through Demand Draft No.036658 dated 22.02.2008. Since the balance toilets were not installed, the claim for the same is not admissible, is the contention raised.
W.P.(C) No. 12855/2008
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In such circumstance, the writ petition is found to be devoid of merit and the same is dismissed leaving open the appropriate remedy of the petitioner; subject to the laws of limitation. No Costs.
Sd/K.VINOD CHANDRAN, JUDGE
jjj 28/10/16
2 issues framed by the court
Whether the Court can invoke jurisdiction under Article 226 to direct payment for fiber tanks not utilized in the project.
Whether the petitioner has alternative remedies against the Contracting Authority/Panchayat.
M/S.AMBAZHACHALIL AGENCIES
THE EXECUTIVE CO-ORDINATOR, KERALA TOTAL SANITATION AND HEALTH MISSION
THE BLOCK DEVELOPMENT OFFICER, OFFICE OF THE BLOCK DEVELOPMENT OFFICE, DEVIKULAM
THE PRESIDENT, VATTAVADA GRAMA PANCHAYATH, KOVILOOR P.O
VATTAVADA GRAMA PANCHAYATH
K.VINOD CHANDRAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
