Petitioner, a government contractor, sought a writ mandamus directing the Grama Panchayath to pay the dues of Rs.10,94,512/- for completed works. The court directed the first respondent to pay the entire balance amount on or before 31.1.2022.
The first respondent was directed to pay the entire balance amount on or before 31.1.2022.
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WP(C) NO. 13879 OF 2021
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 1ST DAY OF SEPTEMBER 2021 / 10TH BHADRA, 1943
WP(C) NO. 13879 OF 2021
PETITIONER/S:
SABU C AGED 45 YEARS GOVT.CONTRACT, POONTHOTTAM PUTHEN VEEDU, CHENKAL P.O., AMARAVILA, NEYYATTINKARA, THIRUVANANTHAPURAM
BY ADV AJITH KRISHNAN
RESPONDENT/S:
2 THE ASSISTANT ENGINEER, LOCAL SELF GOVERNMENT DEPARTMENT, CHENKAL GRAMA PANCHAYATH, CHENKAL P.O., AMARAVILA, NEYYATTINKARA, THIRUVANANTHAPURAM-695 023
4 THE DEPUTY DIRECTOR, OFFICE OF THE DEPUTY DIRECTOR OF PANCHAYATH, LOCAL SELF GOVERNMENT DEPARTMENT, THIRUVANANTHAPURAM-695 033 BY ADVS. R.T.PRADEEP M.BINDUDAS
OTHER PRESENT:
SMT.RASHMI.K.M, SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 13879 OF 2021
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P.V.KUNHIKRISHNAN, J
W.P.(C.) No.13879 of 2021
Dated this the 1st day of September, 2021
JUDGMENT
The above writ petition is filed with following prayers :
(i) Issue a writ of mandamus or any other appropriate writ, order or direction, commanding the respondents to disburse the bill amount of Rs.10,94,512/- (Rupees ten lakhs ninety four thousand five hundred and twelve only) to the petitioner with respect to the 4 works (1) Chenkal GP 2018-2019 Mullukada Charode Road Concrete, (2) Chenkal GP 2018-19 Periya Veedu Kannyakavu Road, Re-tarring (3) Chenkal GP 2018-2019 Old Age Home Karumamkottakulam Road Concrete, (4) Chenkal GP 201819 SNDP Plavilamoola Road Metalling and Tarring (Pro No.101/18-19) forthwith.
(ii) Issue a writ of mandamus or such other writ or order or direction commanding the respondents to pay the interest at the rate of 18% on the amount due to the petitioner forthwith. (iii) Such issue such other reliefs as this Hon'ble Court may deem fit and proper in the interest of justice.”
there is no fund available in the Panchayat and that is why the delay in paying the amount. The counsel submitted that, as far as a portion of the bill is concerned, sanction is already granted
and the amount will be credited to the petitioner immediately. The learned Standing Counsel submitted that there are several
WP(C) NO. 13879 OF 2021
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others similarly situated to the petitioner, who are waiting for getting the amount. The Panchayat is adopting a policy of paying the bill amount on priority basis. The petitioner will be paid the entire amount due to the petitioner on or before 31.3.2022 in two instalments.
With the above observation, this writ petition is disposed
of.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
SKS
WP(C) NO. 13879 OF 2021
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APPENDIX OF WP(C) 13879/2021
PETITIONER EXHIBITS
| Exhibit P1 | TRUE COPY OF THE RELEVANT PAGE OF THE AGREEMENT NO.86/AE/LSGD/CHL/18-19 DATED 29.10.2018 |
|---|---|
| Exhibit P2 | TRUE COPY OF THE RELEVANT PAGES OF THE FIRST AND FINAL BILL SUBMITTED BY THE PETITIONER FOR THE 1ST WORK |
| Exhibit P3 | TRUE COPY OF THE RELEVANT PAGE OF THE AGREEMENT NO.51/AE/LSGD/CHL/2018-19 DATED 18.9.2018 |
| Exhibit P4 | TRUE COPY OF THE RELEVANT PAGE OF THE FIRST AND FINAL BILL SUBMITTED BY THE PETITIONER FOR THE 2ND WORK |
| Exhibit P5 | TRUE COPY OF THE RELEVANT PAGE OF THE AGREEMENT NO.89/AE/LSGD/CHL/2018-19 DATED 29.10.2018 |
| Exhibit P6 | TRUE COPY OF THE RELEVANT PAGES OF THE FIRST AND FINAL BILL SUBMITTED BY THE PETITIONER FOR THE 3RD WORK |
| Exhibit P7 | TRUE COPY OF THE RELEVANT PAGE OF THE AGREEMENT NO.120/AE/LSGD/CHL/2018-19 DATED 6.12.2018 |
| Exhibit P8 | TRUE COPY OF THE RELEVANT PAGES OF THE RUNNING ACCOUNT BILL SUBMITTED BY THE PETITIONER |
| Exhibit P9 | TRUE COPY OF THE REPRESENTATION DATED 5.5.2021 SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENTS |
1 issue framed by the court
Whether the respondent panchayat must disburse the due bill amount to the petitioner given financial stringency?
Sabu C
The Chenkal Grama Panchayath
The Assistant Engineer
The Assistant Executive Engineer
The Deputy Director
P.V. Kunhikrishnan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
