Disposed

Santhosh.P.P v. Elamkunnapuzha Grama Panchayat

Kerala HC22 Jul 2019WP(C)/533/2019

Case brief

AI extract

What is this about?

Addressing a writ petition for sanction and payment of a final bill, the Court, considering the petitioner's work completion and the respondent's admission of delay due to third-party decisions, directed the Panchayat to finalise proceedings and pay the eligible amount within two months.

What did the court decide?

Direction to respondents 1 and 2 to finalize proceedings and make payment of the eligible amount within two months from receipt of certified copy.

Santhosh.P.P Vs Elamkunnapuzha Grama Panchayat — Kerala HC (2019) — LawSathi Research

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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 ANIL K.NARENDRAN

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MONDAY, THE 22ND DAY OF JULY 2019 / 31ST ASHADHA, 1941

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WP(C).No.533 of 2019

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PETITIONER:

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SANTHOSH.P.P.,

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AGED 54 YEARS, S/O.PICHA, PALLATH HOUSE, PUTHUVYPE, ERNAKULAM DISTRICT, PIN-682508.

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BY ADVS. SRI.T.M.RAMAN KARTHA SMT.M.S.SOUJATH

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RESPONDENTS:

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1 ELAMKUNNAPUZHA GRAMA PANCHAYAT, REPRESENTED BY ITS SECRETARY, ELAMKUNNAPUZHA, 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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BY ADV. SRI.P.M.BENZIR SRI. PAUL ABRAHAM VAKKANAL, GP

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22.07.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C)533 OF 2019

JUDGMENT

The petitioner had implemented the work entrusted by

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the 1^st respondent Grama Panchayat, as per Ext.P1. According to the petitioner, he had completed the work on 30.08.2016, as against the completion date of 30.08.2016 prescribed in the agreement. The petitioner has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus commanding the respondents to sanction and authorise the payment of Ext.P5 bill and disburse the amount claimed in that bill to the petitioner, within a time limit to be prescribed by this Court.

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On 08.01.2019, when this writ petition came up for admission, urgent notice by speed post was ordered to the respondents, returnable within two weeks.

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A counter affidavit has been filed on behalf of respondents 1 and 2. Paragraphs 4 and 5 of the said counter affidavit read thus;

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“4. It is submitted that the respondent Panchayat had made enquiries with the office of the Petronet LNG Ltd. and it is informed that a decision in the matter has to be taken by the Board of Directors of Petronet LNG Ltd. which

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WP(C)533 OF 2019

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require some more time on account of their administrative reasons. It is submitted that this respondent could not make the payment of Ext.P5 final bill for the aforesaid reason. The respondent Panchayat has appreciated the Petronet LNG Ltd. of the seriousness of the matter and the Board of Directors of Petronet LNG Ltd. is likely to take a decision in the matter without further delay. In the said circumstance it is humbly submitted that this respondent require a further time of three months to finalize the proceedings and make payments to the petitioner pertaining to Ext.P5 final bill.

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In the light of the above stated facts it is humbly prayed that his Honourable Court may be pleased to dispose the above writ petition granting three month's time to the 1^st respondent Panchayat in order to finalize the proceedings and make payment to the petitioner pertaining to Ext.P5 final bill”

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Heard the learned counsel for the petitioner, the

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learned counsel for the Grama Panchayat, representing respondents 1 and 2, and also the learned Government Pleader appearing for the 3^rd respondent.

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The learned counsel for the petitioner would submit

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that the respondents may be directed to disburse the amount payable to the petitioner, pertaining to Ext.P5 final bill, within a time limit to be fixed by this Court.

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The learned counsel for the Grama Panchayat, representing respondents 1 and 2, would submit that three months' time is required for the Panchayat to finalise the proceedings and make payment of the amount to the petitioner, pertaining to Ext.P5 final bill.

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Having considered the submissions made by the learned counsel on both sides, this writ petition is disposed of, based on the counter affidavit filed by respondents 1 and 2, with a direction to respondents 1 and 2 to finalise the proceedings and make payment of the eligible amount payable to the petitioner, pertaining to Ext.P5 final bill, as expeditiously as possible, at any rate, within a period of two months from the date of receipt of a certified copy of this judgment.

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Sd/-

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ANIL K. NARENDRAN JUDGE

APPENDIX

PETITIONER'S EXHIBITS:

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EXHIBIT	P1 TRUE COPY OF THE PREPARED BY THE	DETAILS ESTIMATE 3RD RESPONDENT.
EXHIBIT	P2 TRUE COPY OF THE DT.16/04/2015 EN PETITIONER AND T	AGREEMENT TERED INTO BETWEEN THE HE 3RD RESPONDENT
EXHIBIT	P3 TRUE COPY OF THE DT.16/04/2015 OF TO THE CONVENOR.	ACKNOWLEDGMENT HANDING OVER THE SITE
EXHIBIT	P4 TRUE COPY OF THE DESCRIBING THE W THE 3RD RESPONDE	SCHEDULE OF AGREEMENT ORK SITE PREPARED BY NT.
EXHIBIT	P5 TRUE COPY OF THE SUBMITTED BY THE	FINAL BILL 30/08/2016 PETITIONER.
EXHIBIT	P6 TRUE COPY OF THE DT.20/12/2016 SU RESPONDENT.	REPRESENTATION BMITTED BEFORE THE 2ND

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RESPONDENT'S EXHIBITS: NIL

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TRUE COPY

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P.A. TO JUDGE

Santhosh.P.P v. Elamkunnapuzha Grama Panchayat

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Santhosh.P.P v. Elamkunnapuzha Grama Panchayat

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