Disposed

Ganesh Kumar, v. State of Kerala

Kerala HC17 Sept 2021WP(C)/10739/2021

Case brief

AI extract

What is this about?

This writ petition addressed the delay in disbursing amounts due to the petitioner as a contractor. The court directed the Secretary to the Government to provide necessary funds to the Assistant Director, who was then ordered to disburse the amount to the petitioner.

What did the court decide?

Directing the fourth respondent to provide funds within a month and the third respondent to disburse amounts due to the petitioner immediately thereafter.

Ganesh Kumar, Vs State of Kerala — Corruption | Kerala HC (2021)

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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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FRIDAY, THE 17^TH DAY OF SEPTEMBER 2021 / 26TH BHADRA, 1943 WP(C) NO. 10739 OF 2021

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PETITIONER/S:

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GANESH KUMAR, AGED 37 YEARS S/O. RANGASWAMI, KRISHNA NIVAS, BOMMIYAMPADI, PALOOR P.O., ATTAPPADI, MANNARKKAD TALUK, PALAKKAD DISTRICT, PIN-678582.

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BY ADVS. JACOB SEBASTIAN K.V.WINSTON ANU JACOB

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RESPONDENT/S:

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1 STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF AGRICULTURE, SECRETARIAT, THIRUVANANTHAPURAM, PIN-695001.

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2 THE DIRECTOR OF AGRICULTURE, DIRECTORATE OF AGRICULTURE, VIKAS BHAVAN, PALAYAM, THIRUVANANTHAPURAM, PIN-695033.

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3 THE ASSISTANT DIRECTOR OF AGRICULTURE, AGALI, KRISHI BHAVAN, AGALI, PALAKKAD DISTRICT, PIN-678581.

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*4 ADDL.R4

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THE SECRETARY TO GOVERNMENT, DEPARTMENT FOR WELFARE OF SCHEDULED CASTES, SCHEDULED TRIBES AND BACKWARD CLASSES, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM695001.

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W.P.(C) No.10739 of 2021

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(ADDITIONAL R4 IS IMPLEADED AS PER ORDER DATED 18/06/2021 IN IA 01/2021 IN WPC 10739/2021)

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BY SMT.PRINCY XAVIER-SR.GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C) No.10739 of 2021

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W.P.(C) No.10739 of 2021

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J U D G M E N T

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The grievance voiced by the petitioner in the writ petition concerns the delay on the part of the respondents in disbursing the amounts due to him in respect of the work executed by him as referred to in the writ petition as a contractor.

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2 . The learned Government Pleader, on instructions, submits that the delay occurred due to the reason that the Department for Welfare of Scheduled Castes, Scheduled Tribes and Backward Classes has not provided to the third respondent the funds required for disbursing the amounts due to the petitioner. It is pointed out by the learned Government Pleader that as and when funds are provided by the said department, the amount due to the petitioner will be disbursed.

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Having regard to the facts and circumstances of the case, especially the fact that the petitioner has satisfactorily

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W.P.(C) No.10739 of 2021

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executed the work, I deem it appropriate to dispose of the writ petition directing the fourth respondent to provide the necessary funds for disbursement of the amounts due to the petitioner to the third respondent within a month, and directing the third respondent to disburse the amounts due to the petitioner immediately thereafter. Ordered accordingly.

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Sd/- P.B.SURESH KUMAR, JUDGE.

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YKB

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W.P.(C) No.10739 of 2021

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APPENDIX OF WP(C) 10739/2021

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PETITIONER EXHIBITS

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EXHIBIT P1 A TRUE COPY OF THE ORDER DATED 2.11.2019 OF THE 3RD RESPONDENT.

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EXHIBIT P2 A TRUE COPY OF THE AGREEMENT DATED 2.11.2019 EXECUTED BETWEEN THE PETITIONER AND THE 2ND RESPONDENT.

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EXHIBIT P3

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A TRUE COPY OF REPLY DATED 1.2.2021 ISSUED BY THE OFFICE OF THE THIRD RESPONDENT UNDER THE PROVISIONS OF THE RIGHT TO INFORMATION ACT, 2005.

Ganesh Kumar, v. State of Kerala

Case brief

What is this about?

What did the court decide?

Ganesh Kumar, v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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