Disposed

Babu v. Elamkunnapuzha Grama Panchayat

Kerala HC11 Jul 2018WP(C)/2223/2018

Case brief

AI extract

What is this about?

Hearing three petitions together concerning unpaid final bills for works executed by contractors. Due to non-appearance by respondents, the Court directed the Panchayat to consider and finalize the bills without delay. Judgment also clarified payment obligations. No substantive dispute adjudicated due to default of respondents

What did the court decide?

Direction to 1st Respondent to consider Ext.P6 bills within one month and make payment if no legal inhibitions exist

Babu Vs Elamkunnapuzha Grama Panchayat — Public Procurement and Tenders | 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 MR. JUSTICE SHAJI P.CHALY

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WEDNESDAY, THE 11TH DAY OF JULY 2018 / 20TH ASHADHA, 1940

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WP(C).No. 2223 of 2018

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PETITIONER(S)

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BABU, AGED 44 YEARS,S/O.KOCHAL,MANCHUVATTIL HOUSE, ELAMKUNNAPUZHA,PIN-682511.

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BY ADVS.SRI.T.M.RAMAN KARTHA SMT.M.S.SOUJATH SRI.I.SREEHARI SMT.K.BINUMOLE THOMAS SMT.LEKSHMI P. NAIR

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RESPONDENT(S):

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1. ELAMKUNNAPUZHA GRAMA PANCHAYAT, REPRESENTED BY ITS SECRETARY,ELAMKUNNAPUZHA,

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PIN-682511.

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2. THE SECRETARY, ELAMKUNNAPUZHA GRAMA PANCHAYAT, ELAMKUNNAPUZHA,PIN-682511.

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3. ASSISTANT ENGINEER, LOCAL SELF GOVERNMENT DEPARTMENT SECTION, ELAMKUNNAPUZHA GRAMA PANCHAYAT,ELAMKUNNAPUZHA, PIN-682511.

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11-07-2018 ALONG WITH W.P.(C)No.2225 OF 2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 2223 of 2018 (C)

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PETITIONER(S)' EXHIBITS

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EXHIBIT P1	A TRUE COPY OF RESOLUTION NO II DT.17.10.2014 ADOPTED BY THE COMMITTEE OF ELAMKUNNAPUZHA GRAMA PANCHAYATH
EXHIBIT P2	TRUE COPY OF THE ESTIMATE PREPARED BY THE 3RD RESPONDENT IN COMPLIANCE WITH EXT.P1
EXHIBIT P3	TRUE COPY OF THE AGREEMENT DT.18.9.2016 ENTERED INTO BETWEEN THE PETITIONER AND THE 3RD RESPONDENT
EXHIBIT P4	TRUE COPY OF THE ACKNOWLEDGMENT SIGNED BY THE PETITIONER AND THE 2ND RESPONDENT REGARDING HANDING OVER OF THE WORKSITE TO THE PETITIONER ON 26.9.2015
EXHIBIT P5	TRUE COPY OF THE CERTIFICATE DT.NIL,ISSUED BY THE PRESIDENT OF THE 1ST RESPONDENT REPORT OF THE 3RD RESPONDENT
EXHIBIT P6	A TRUE COPY OF THE FINAL BILL DT.NIL SUBMITTED BY THE PETITIONER
EXHIBIT P7	A TRUE COPY OF THE REPRESENTATION DT.20.4.2017 SUBMITTED BY THE 2ND RESPONDENT.

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RESPONDENTS' EXHIBITS : NIL

\TRUE COPY \

PA TO JUDGE

jm/

SHAJI P.CHALY, J.

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

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W.P.(C) Nos., 2223, 2225 & 2270 of 2018

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============================== Dated this the 11^th day of July 2018

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JUDGMENT

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These are writ petitions filed by three different

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contractors, in respect of work carried out by them and the consequential final bills raised. Therefore, I heard them together and propose to pass this common judgment.

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Even though notice is served on the respondents, there is no appearance. The reliefs sought for by the petitioners are in respect of Ext.P6 final bills raised before the 1^st respondent Panchayat and non-payment of the same.

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Since there is no appearance for the Panchayat, I am unable to evaluate whether there is any dispute with respect to the bill. In that view of the matter and in order to dispose of this matter, there will be a direction to the 1^st respondent to consider Ext.P6 bills raised by the petitioners in accordance with law and attain finality to the same within

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W.P.(C) Nos., 2223, 2225 & 2270 of 2018

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one month from the date of receipt of a copy of this judgment. I make it clear that, if there are no other legal inhibitions and no other legal consequences standing in the way, with respect to the payment of the bill, the same shall be paid to the respective contractors without any further delay.

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The writ petition is disposed of accordingly.

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Sd/ SHAJI P.CHALY JUDGE

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jm/

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\ True copy \ PA to Judge

Babu v. Elamkunnapuzha Grama Panchayat

Case brief

What is this about?

What did the court decide?

Babu v. Elamkunnapuzha Grama Panchayat

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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