Allowed

Risha Sajith v. Elamkunnapuzha Grama Panchayat

Kerala HC14 Aug 2019WP(C)/7020/2019

Case brief

AI extract

What is this about?

Petitioner, as Convener of Beneficiary Committee, filed a writ seeking sanction and payment of Ext.P5 bill. Respondents conceded payment within three months. Court directed Panchayat to disburse amount within two months.

What did the court decide?

Directed 1st respondent Grama Panchayat to disburse amount payable for Ext.P5 final bill within two months from date of receipt of certified copy.

Risha Sajith Vs Elamkunnapuzha Grama Panchayat — Specific Performance | Kerala HC (2019)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN

¶4

WEDNESDAY, THE 14TH DAY OF AUGUST 2019 / 23RD SRAVANA, 1941

¶5

WP(C).No.7020 OF 2019(B)

¶6

PETITIONER:

¶7

RISHA SAJITH, AGED 31 YEARS, W/O.SAJITH, PANAKKAL HOUSE, AZHEEKKAL.P.O., ERNAKULAM DISTRICT.

¶8

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

¶9

RESPONDENTS:

¶10

1 ELAMKUNNAPUZHA GRAMA PANCHAYAT, REPRESENTED BY ITS SECRETARY, ELAMKUNNAPUZHA, PIN-682511.

¶11

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

¶12

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

¶13

BY ADV. SRI.P.M.BENZIR

¶14

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14.08.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C)7020 OF 2019

JUDGMENT

The petitioner had undertaken certain constructions in the capacity of the Convener of the Beneficiary Committee. 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 payment of Ext.P5 bill and disburse the amount claimed in the bill to the petitioner, within a time frame to be fixed by this Court.

¶19

On 08.03.2019, when this writ petition came up for admission, this Court admitted the matter on file. The learned Government Pleader took notice for the 3^rd respondent. Urgent notice by speed post was ordered to respondents 1 and 2, returnable within three weeks.

¶20

A counter affidavit has been filed by the respondents. Paragraphs 4 and 5 of the said counter affidavit read thus;

¶21

“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 require some more time on account of their administrative

¶22

¶23

WP(C)7020 OF 2019

¶24

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.

¶25

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

¶26

(underline supplied)

¶27

Heard the learned counsel for the petitioner and also the learned counsel for the respondents.

¶28

The learned counsel for the petitioner would submit that since the respondents have agreed to pay the amount covered by Ext.P5 final bill within a period of three months, this writ petition may be disposed of by directing the 1^st respondent Grama Panchayat to pay the amount within a time limit of one or two months, considering the fact that the petitioner had undertaken the work in the year 2015.

¶29

¶30

¶31

Having considered the submissions made by the learned counsel on both sides, this writ petition is disposed of by directing the 1^st respondent Grama Panchayat to disburse the amount payable to the petitioner in respect of 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.

¶32

Sd/- ANIL K. NARENDRAN JUDGE

APPENDIX

PETITIONER'S EXHIBITS:

¶38

EXHIBIT	P1 TRUE COPY OF THE ESTIMATE PREPARED BY THE 3RD RESPONDENT.
EXHIBIT	P2 TRUE COPY OF THE AGREEMENT DATED 30.3.15 ENTERED INTO BETWEEN THE PETITIONER AND THE 3RD RESPONDENT.
EXHIBIT	P3 TRUE COPY OF THE SCHEDULE OF AGREEMENT DESCRIBING THE WORK SITE PREPARED BY THE 3RD RESPONDENT.
EXHIBIT	P4 TRUE COPY OF THE CERTIFICATE DATED NIL, ISSUED BY THE PRESIDENT OF THE 1ST RESPONDENT REPORT OF THE 3RD RESPONDENT.
EXHIBIT	P5 TRUE COPY OF THE FINAL BILL DATED 15.3.2017 SUBMITTED BY THE PETITIONER.
EXHIBIT	P6 TRUE COPY OF THE REPRESENTATION DATED 15.10.18 SUBMITTED BEFORE THE 2ND RESPONDENT.

¶39

RESPONDENTS' EXHIBITS:NIL

¶40

TRUE COPY

¶41

P.A. TO JUDGE

Risha Sajith v. Elamkunnapuzha Grama Panchayat

Case brief

What is this about?

What did the court decide?

Risha Sajith 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

Parties & counsel

Coram

Case details

Similar cases

Ravi.a.K., Vs State of Kerala

Asma, Vs the District Collector

S.Gopakumar, Vs Kerala State Road Transport Corporation

Surendran Pulikkool Vs Pinarayi Grama Panchayat

Viji.P Vs the Additional Commissioner of Excise

Asif, Vs the Alappuzha Municipality