Hon'ble High Court of Kerala directed respondents to disburse Rs.5 lakhs within one month and the remaining balance within two months regarding a construction bill of Rs.13,03,806/-, citing budget and treasury constraints.
Direction to release Rs.5 lakhs within one month and balance within two months from date of judgment.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
MONDAY, THE 10TH DAY OF FEBRUARY 2020 / 21ST MAGHA, 1941
WP(C).No.2009 OF 2020(A)
PETITIONER :-
PRADEEP S., AGED 54 YEARS S/O.SUKUMARN, 'JYOTHIS', MUTTOM, HARIPAD, ALAPPUZHA DISTRICT.
BY ADVS. SRI.S.SHANAVAS KHAN SMT.S.INDU
RESPONDENTS :-
1 THE STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, FINANCE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.
2 THE PRINCIPAL SECRETARY TO GOVERNMENT, LOCAL SELF GOVERNMENT DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.
3 THE EXECUTIVE ENGINEER, LSGD DIVISION, OFFICE OF THE EXECUTIVE ENGINEER, ALAPPUZHA - 688 001.
4 THE ASSISTANT EXECUTIVE ENGINEER, LSGD SUB DIVISION, CHENGANNUR BLOCK PANCHAYAT, CHENGANNUR, ALAPPUZHA - 689 121. 5 THE DISTRICT TREASURY OFFICER, DISTRICT TREASURY OFFICE, ALAPPUZHA - 688 001.
BY SMT.PRINCY XAVIER, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10.02.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.2009 OF 2020(A)
-: 2 :-
JUDGMENT
Dated this the 10th day of February 2020
This writ petition is filed seeking the following prayers :-
learned Government Pleader.
WP(C).No.2009 OF 2020(A)
-: 3 :-
In the above view of the matter, there will be a direction to the respondents to release an amount of Rs.5 lakhs within one
month from the date of receipt of a copy of this judgment. The balance amount shall be disbursed within two months thereafter.
Sd/ANU SIVARAMAN JUDGE
Jvt/11.2.2020
WP(C).No.2009 OF 2020(A)
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APPENDIX
PETITIONER'S EXHIBITS:
| EXHIBIT P1 | TRUE COPY | OF THE AGREEMENT DATED 17/02/2018. |
|---|---|---|
| EXHIBIT P2 | TRUE COPY | OF THE ITEM RATE OF WORK ISSUED BY THE |
| 4TH RESPON | DENT. | |
| EXHIBIT P3 | TRUE COPY | OF COMMUNICATION DATED 17/02/2018 OF |
| THE 3RD RE | SPONDENT. | |
| EXHIBIT P4 | TRUE COPY | OF THE BILL DATED 15/11/2019. |
//TRUE COPY//
P.A. TO JUDGE
2 issues framed by the court
Whether respondents are liable to disburse the unpaid bill amount of Rs.13,03,806/- for completed construction work.
Whether direction to repay the balance amount in instalments due to treasury restrictions is legally sustainable.
Pradeep S.
State of Kerala (Rep. Principal Secretary to Govt, Finance Dept)
Principal Secretary to Govt, Local Self Govt Dept
Executive Engineer, LSGD Division, Alappuzha
Assistant Executive Engineer, LSGD Sub Division, Chengannur
District Treasury Officer, Alappuzha
Anu Sivaraman
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
