Allowed

Devasia Sebastian v. State of Kerala

Kerala HC24 Oct 2018WP(C)/19161/2018

Case brief

AI extract

What is this about?

The High Court of Kerala issued a writ of mandamus directing the District Panchayat Secretary (4th respondent) to make funds available for the petitioner's work bill within one month, ensuring disbursement within two months after judgment receipt.

What did the court decide?

Direction to 4th respondent to make funds available within one month and disburse payment to petitioner within two months of judgment receipt.

Devasia Sebastian Vs State of Kerala — Service and Employment | Kerala HC (2018)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

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WEDNESDAY,THE 24TH DAY OF OCTOBER 2018 / 2ND KARTHIKA, 1940

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WP(C).No. 19161 of 2018

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PETITIONER:

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DEVASIA SEBASTIAN PUTHENPURAYIL,KAVALAM.P.O.ALAPPUZHA- 688 506.

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BY ADVS. SRI.JOMY GEORGE KUM.N.R.ATHIRA SMT.A.MINI JOSEPH SMT.M.V.BABY SRI.DEEPAK MOHAN

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RESPONDENTS:

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1 STATE OF KERALA REPRESENTED BY ITS CHIEF SECRETARY,GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM-695001

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2 CHAIRMAN LOCAL SELF GOVERNMENT DEPARTMENT,THIRUVANANTHAPURAM- 695 001

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3 THE EXECUTIVE ENGINEER LOCAL SELF GOVERNMENT DEPARTMENT,CIVIL STATION, ALAPPUZHA- 688 001

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4 DISTRICT PANCHAYAT ALAPPUZHA REPRESENTED BY ITS SECRETARY,CIVIL STATION, ALAPPUZHA- 688 001. BY ADVS. GOVERNMENT PLEADER SRI.V.K.BALACHANDRAN

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OTHER PRESENT:

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E.S.ASHRAF GP

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24.10.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

W.P.(C).No.19161/18

JUDGMENT

1.Petitioner has approached this Court with the following prayers:-

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“i)Issue a writ of mandamus or any other appropriate writ, order or direction, directing the respondents to give the bill amount to the petitioner for the work done by him immediately. ii)issue a writ of mandamus or any other appropriate writ, order or direction directing the respondents to give interest at the rate of 18% for delayed payment.”

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2.Heard learned counsel for the petitioner and the learned Government Pleader.

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3.A statement has also been filed on behalf of the 3^rd respondent submitting that the final bill in respect of the work done by the petitioner has been admitted. It is stated that certain amounts have already been disbursed to the petitioner and allotment for the balance fund is to be received from the Secretary of the District Panchayat. It is stated that payment to the petitioner can be effected only on receipt of funds from the 4^th respondent.

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W.P.(C).No.19161/18

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4.Having considered the contentions advanced, there will be a direction to the 4^th respondent to immediately make available the funds required for payment of balance amount due to the petitioner within a period of one month. Amounts shall be disbursed to the petitioner without further delay, at any rate within a period of two months from the date of receipt of a copy of this judgment.

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The writ petition is ordered accordingly.

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Sd/- Anu Sivaraman, Judge

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE AGREEMENT HAVING NO.176/56 ISUD/15-16 DATED 22.1.2016 ENTERED INTO BETWEEN THE PETITIONER AND THE 2ND RESPONDENT

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EXHIBIT P2 TRUE COPY OF THE CC 2ND FINAL BILLS EXHIBIT P3 TRUE COPY OF THE ORDER DATED 30.3.2017 ISSUED BY THE 4TH RESPONDENT

W.P.(C).No.19161/18

EXHIBIT P4

TRUE COPY OF THE REPRESENTATION DATED 3.11.2017 SUBMITTED BY THE 4TH RESPONDENT TO THE 2ND RESPONDENT

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True copy

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PS to Judge

Devasia Sebastian v. State of Kerala

Case brief

What is this about?

What did the court decide?

Devasia Sebastian v. State of Kerala

Case brief

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