Partly allowed

The District Collector v. Balukrishna M.B.

Kerala HC18 Feb 2021RP/144/2021

Case brief

AI extract

What is this about?

In this review petition, the High Court of Kerala modified its prior order regarding payment of dues. The Court directed the District Collector to release funds to the implementing Panchayats rather than directly to the petitioner, due to the winding up of Pratheeksha Bus Shelters Kerala Limited.

What did the court decide?

The review petition is disposed of modifying the earlier judgment; the 1st petitioner is directed to make payment to the Panchayats-implementing agencies, who shall then pay the petitioner expeditious

The District Collector Vs Balukrishna M.B. — Execution and Attachment | Kerala HC (2021)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT

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THE HONOURABLE MR.JUSTICE N.NAGARESH

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THURSDAY, THE 18TH DAY OF FEBRUARY 2021/29TH MAGHA,1942

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RP.No.144 OF 2021 IN WP(C). 10046/2020

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AGAINST THE JUDGMENT DATED 21.08.2020 IN WP(C) 10046/2020(E) OF HIGH COURT OF KERALA

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REVIEW PETITIONERS/RESPONDENT NOS.1 & 5 IN WP(C):

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1 THE DISTRICT COLLECTOR, COLLECTORATE, ERNAKULAM 682 031.

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2 THE PRINCIPAL SECRETARY TO GOVERNMENT, PUBLIC WORKS DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

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BY ADV.SRI.M.L.SAJEEV,

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(SPECIAL GOVERNMENT PLEADER FOR REVENUE)

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RESPONDENTS/PETITIONER AND RESPONDENTS 2 TO 4 IN WP(C):

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1 BALUKRISHNA M.B., GOVERNMENT CONTRACTOR, MRIDULA VIHAR, T.C.17/203, CHADIYARA, POOJAPPURA P.O., THIRUVANANTHAPURAM - 695 012.

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2 PRATHEEKSHA BUS SHELTERS KERALA LIMITED, REPRESENTED BY ITS MANAGING DIRECTOR, GNA NO.215, T.C.101, 102, SAROJINI GANDHI NAGAR II STREET, VAZHUTHACAUD, THIRUVANANTHAPURAM - 695 014.

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3 PROJECT ENGINEER, PRATHEEKSHA BUS SHELTERS KERALA LIMITED, GNA NO.215,T.C.101, 102, SAROJINI GANDHI NAGAR II STREET, VAZHUTHACAUD, THIRUVANANTHAPURAM - 695 014.

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4 MADHU MATHI, FORMER MANAGING DIRECTOR, PRATHEEKSHA BUS SHELTERS KERALA LIMITED, NOW WORKING AS CHIEF ENGINEER, PWD DESIGN WING, PUBLIC OFFICE, THIRUVANANTHAPURAM - 695 033.

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BY SRI AJITH KRISHNAN FOR R1

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THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON 18.02.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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RP.144/2021 in WPC.10046/2020

: 2 :

O R D E R

~ ~ ~ ~ ~ ~

Dated this the 18^th day of February, 2021

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By judgment dated 21.08.2020, this Court disposed

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of W.P.(C) No.10046/2020 with the following direction:-

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“In the circumstances, the writ petition is disposed of directing respondents 1, 2, 3 and 5 to pay the amounts due to the petitioner, if the amount covered by administrative sanction in respect of the works undertaken by the petitioner is available. The first respondent shall intimate the availability or otherwise of the amounts to the petitioner within a period of one month. In case such funds are not available, the petitioner will be at liberty to realise the same in accordance with the remedies available to him.”

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The review petition has been filed by respondents 1

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and 5 in the writ petition stating that the work in question was

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carried out through the implementing agencies, including respective Panchayats and the 2^nd respondent-Pratheeksha

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Bus Shelters Kerala Limited. The direction given in the writ petition would cause administrative difficulties inasmuch as it will be improper for the District Collector to make any payment

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RP.144/2021 in WPC.10046/2020

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: 3 :

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to the writ petitioner directly. The amounts due to the writ petitioner, if any, can be paid only through the implementing agencies.

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According to the learned Government Pleader, the respective Panchayats and the 2^nd respondent-Pratheeksha Bus Shelters Kerala Limited are the implementing agencies in respect of the work. It is admitted by either side that the Pratheeksha Bus Shelters Kerala Limited is under the process

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of winding up and it is being taken over by the Public Works Department, Government of Kerala.

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In view of the peculiar situation in respect of the 2^nd respondent-Pratheeksha Bus Shelters Kerala Limited, this Court is of the definite opinion that as the said Company is being taken over by the Government of Kerala, the review petitioner can make the payment through the respective Panchayats. The District Collector can make the payment through the respective Panchayats, without including the 2^nd respondent-Pratheeksha Bus Shelters Kerala Limited, which is under the process of winding up.

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RP.144/2021 in WPC.10046/2020

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: 4 :

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In the circumstances, the review petition is

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disposed of modifying the judgment dated 21.08.2020 and directing the 1^st review petitioner-District Collector to make payment to the Panchayats-implementing agencies, with a further direction to the Secretaries to the Panchayats concerned to effect payment to the petitioner expeditiously, without further delay.

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Sd/- N. NAGARESH, JUDGE

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aks/18.02.2021

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RP.144/2021 in WPC.10046/2020

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: 5 :

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APPENDIX

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PETITIONERS' EXHIBITS:

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ANNEXURE I TRUE COPY OF ADMINISTRATIVE SANCTIONS (AS) GIVEN BY THE DISTRICT COLLECTOR TO THE PANCHAYAT SECRETARIES AS PER ORDER NO.DCEKM/7571/2017/F4 DATED 31.10.2019.

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ANNEXURE II TRUE COPY OF THE ORDER G.O.(MS) NO.35/2019/PWD DATED 11.7.2019. ANNEXURE III TRUE COPY OF THE LETTER NO.DCEKM/7571/2017-F-4 DATED 20.6.2018. ANNEXURE IV TRUE COPY OF THE ENDORSEMENT OF THE POSTAL DEPARTMENT ANNEXURE V TRUE COPY OF THE STATEMENT FORWARDED BY THE 4TH RESPONDENT, THE EX-MANAGING DIRECTOR OF PBSK LTD. ANNEXURE VI TRUE PHOTOCOPY OF THE PRINT OUT OF COMPANY MASTER DATA OBTAINED FROM ROC ON 14.1.2021.

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ncd

The District Collector v. Balukrishna M.B.

Case brief

What is this about?

What did the court decide?

The District Collector v. Balukrishna M.B.

Case brief

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