Allowed

Saji a.Kuruvila v. State of Kerala

Kerala HC3 Oct 2019WP(C)/14851/2019

Case brief

AI extract

What is this about?

Petitioner, a contractor, filed a writ petition for non-payment of dues for work executed for Kaduthuruthy Block Panchayath. The court directed the State/Director to process bills within one month and provide funds to the Panchayath Secretary for immediate payment.

What did the court decide?

Directing the second respondent to process bills and make funds available within one month for the fourth respondent to pay the petitioner.

Saji a.Kuruvila Vs State of Kerala — Municipal and Town Planning | Kerala HC (2019)

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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 P.B.SURESH KUMAR

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THURSDAY, THE 03RD DAY OF OCTOBER 2019 / 11TH ASWINA, 1941

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WP(C).No.14851 OF 2019(F)

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PETITIONER:

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SAJI A.KURUVILA AGED 52 YEARS, PWD CONTRACTOR, AMBAZHACHALIL HOUSE, ARPPOOKKARA WEST P.O., KOTTAYAM DISTRICT-686 008

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BY ADV. SRI.AJITH KRISHNAN

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RESPONDENTS:

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1 STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF SOCIAL JUSTICE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001

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2 THE DIRECTOR, DIRECTORATE OF SOCIAL JUSTICE, VIKAS BHAVAN, THIRUVANANTHAPURAM-695 033

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3 THE DIRECTOR, DIRECTORATE OF WOMEN AND CHILD DEVELOPMENT DEPARTMENT, POOJAPPURA, THIRUVANANTHAPURAM-695 014

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4 THE SECRETARY, KADUTHURUTHY BLOCK PANCHAYATH, KADUTHURUTHY P.O., KOTTAYAM DISTRICT-686 604

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5 THE ASSISTANT EXECUTIVE ENGINEER, KADUTHURUTHY BLOCK PANCHAYATH, KADUTHURUTHY P.O., KOTTAYAM DISTRICT-686 604

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6 THE ADDITIONAL CHIEF SECRETARY, FINANCE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM695 001

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R4 BY ADV. SRI.P.C.HARIDAS R4 BY ADV. SRI.M.S.KALESH R5 BY GOVERNMENT PLEADER SMT.RESMI, GP

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03.10.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.14851 OF 2019

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J U D G M E N T

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The petitioner has executed a work assigned to him by Kaduthuruthy Block Panchayath satisfactorily. The grievance of the petitioner in the writ petition concerns the inaction on the part of the fourth respondent, the Secretary of the Panchayath in effecting the payment due to the petitioner in respect of the work.

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The learned counsel for the fourth respondent submitted that the amounts payable to the petitioner in respect of the work has to be sanctioned by the second respondent and only thereafter, the amount can be released.

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The learned Government Pleader, on instructions, submitted that the bills raised in respect of the work executed by the petitioner are being processed by the second respondent and steps will be taken for according sanction for payment of the admitted amounts at the earliest.

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In the light of the submissions made by the learned counsel for the fourth respondent and the learned Government Pleader, the writ petition is disposed of

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WP(C).No.14851 OF 2019

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directing the second respondent to process the bills raised in respect of the work executed by the petitioner at the earliest, at any rate, within one month from today, and make available necessary funds to the fourth respondent for effecting payment. Needless to say that if the funds are made available, the fourth respondent shall effect the payments due to the petitioner in respect of the work, forthwith.

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Sd/P.B.SURESH KUMAR, JUDGE.

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mpm

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WP(C).No.14851 OF 2019

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE RELEVANT PAGES OF RUNNING ACCOUNT BILL SUBMITTED BY THE PETITIONER.

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EXHIBIT P2 TRUE COPY OF THE COMPLETION CERTIFICATE ISSUED BY THE 5TH RESPONDENT.

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EXHIBIT P3 TRUE COPY OF THE LETTER NO.AB/GL/1617 DATED 28/11/29018,ISSUED BY THE 5TH RESPONDENT TO THE 4TH RESPONDENT.

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EXHIBIT P4 TRUE COPY OF THE LETTER NO.C.581/2013 DATED 7/2/2018 ISSUED BY 4TH RESPONDENT TO 3RD RESPONDENT.

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EXHIBIT P5 TRUE COPY OF THE REPRESENTATION DATED 10/4/2019 SUBMITTED TO THE RESPONDENTS.

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RESPONDENTS' EXHIBITS:

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EXHIBIT R4 A TRUE COPY OF THE RESOLUTION NO-111 DATED 11.4.2013

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// TRUE COPY // P.A. TO JUDGE

Saji a.Kuruvila v. State of Kerala

Case brief

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Saji a.Kuruvila v. State of Kerala

Case brief

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