Disposed

Mon Joseph v. State of Kerala

Kerala HC14 Dec 2021WP(C)/19613/2021

Case brief

AI extract

What is this about?

This judgment disposed of connected writ petitions filed by contractors against State officials seeking payment for completed irrigation works. The Court directed the Revenue Divisional Officer to scrutinise and countersign the pending bills within 30 days and the District Collector to process and make payment within two months.

What did the court decide?

Directed the Revenue Divisional Officer to scrutinise and countersign the bills within 30 days; the District Collector to process and make payment within two months thereafter.

Mon Joseph Vs State of Kerala — Specific Performance | 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 N.NAGARESH

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TUESDAY, THE 14^TH DAY OF DECEMBER 2021/23RD AGRAHAYANA, 1943 WP(C) NO. 19577 OF 2021

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PETITIONER:

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RANNY TALUK CONTRACT CO OPERATIVE SOCIETY LIMITED AGED 58 YEARS NO.PT-88, VAIKOM AND RANNI P. O. - 689672, REPRESENTED BY ITS RESIDENT SHRI RAJENDRAN NAIR

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BY ADVS. J.JULIAN XAVIER FIROZ K.ROBIN

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RESPONDENTS:

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1 STATE OF KERALA REPRESENTED BY ITS SECRETARY, IRRIGATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

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2 DISTRICT COLLECTOR COLLECTORATE, PATHANAMTHITTA - 689645.

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3 ASSISTANT EXECUTIVE ENGINEER IRRIGATION SUB DIVISION, KOZHENCHERRY P. O. - 689 641.

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4 ADDL R4. REVENUE DIVISIONAL OFFICER REVENUE DIVISION OFFICE, M.G. ROAD PARASS LA, ADOOR, KERALA – 691 523 (ADDL.R4 IS IMPLEADED AS PER ORDER DT 14.12.2021 IN IA.2/2021)

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BY SMT.PRINCY XAVIER, SR.GOVT. PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14.12.2021, ALONG WITH WP(C).19613/2021, 21051/2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C) Nos.19577/2021 & connected cases

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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 N.NAGARESH

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TUESDAY, THE 14^TH DAY OF DECEMBER 2021/23RD AGRAHAYANA, 1943 WP(C) NO. 19613 OF 2021

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PETITIONER:

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MON JOSEPH AGED 46 YEARS S/O. U.E. UTHUPPAN (LATE), OTTATHYCAL HOUSE, NELLICKAMON P.O., RANNI, PATHANAMTHITTA-689 674.

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BY ADVS. J.JULIAN XAVIER FIROZ K.ROBIN

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RESPONDENTS:

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1 STATE OF KERALA REPRESENTED BY ITS SECRETARY, IRRIGATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001.

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2 DISTRICT COLLECTOR COLLECTORATE, PATHANAMTHITTA-689 645.

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3 ASSISTANT EXECUTIVE ENGINEER IRRIGATION SUB DIVISION, KOZHENCHERRY (PO), PIN-689 641 PATHANAMTHITTA DISTRICT.

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4 ADDL R4. REVENUE DIVISIONAL OFFICER REVENUE DIVISION OFFICE, M.G. ROAD PARASS LA, ADOOR, KERALA – 691 523 (ADDL.R4 IS IMPLEADED AS PER ORDER DT 14.12.2021 IN IA.2/2021)

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BY SMT.PRINCY XAVIER, SR.GOVT. PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14.12.2021, ALONG WITH WP(C).19577/2021 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C) Nos.19577/2021 & connected cases

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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 N.NAGARESH

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TUESDAY, THE 14^TH DAY OF DECEMBER 2021/23RD AGRAHAYANA, 1943 WP(C) NO. 21051 OF 2021

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PETITIONER:

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K M JOSEPH AGED 64 YEARS S/O MATHEW (LATE), KOCHUPARAMBIL HOUSE, THOTTABHAGOM P.O, THIRUVALLA, PIN-689541.

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BY ADVS. J.JULIAN XAVIER FIROZ K.ROBIN ASHA TREESA JOSE

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RESPONDENTS:

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1 STATE OF KERALA REPRESENTED BY ITS SECRETARY, FINANCE DEPARTMENT, SECRETARIAT, GOVERNMENT PRESS P.O, THIRUVANANTHAPURAM-695001.

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2 ASSISTANT EXECUTIVE ENGINEER, IRRIGATION SUB DIVISION OFFICE, KOZHENCHERY P.O, PATHANAMTHITTA-689641.

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3 ASSISTANT ENGINEER IRRIGATION SECTION, PATHANAMTHITTA, KERALA-689645.

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4 ADDL.R4. DISTRICT COLLECTOR, COLLECTORATE PATHANAMTHITTA - 689645

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5 ADDL R5. REVENUE DIVISIONAL OFFICER REVENUE DIVISION OFFICE, M.G. ROAD PARASS LA, ADOOR, KERALA – 691 523 (ADDL.R4 & R5 ARE IMPLEADED AS PER ORDER DT 14.12.2021 IN IA.2/2021) BY SMT.PRINCY XAVIER, SR.GOVT. PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14.12.2021, ALONG WITH WP(C).19577/2021 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C) Nos.19577/2021 & connected cases : 4 :

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N. NAGARESH, J.

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Dated this the 14^th day of December, 2021

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J U D G M E N T

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~ ~ ~ ~ ~ ~ ~ ~ ~

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The petitioners in these writ petitions are Contractors who entered into agreement with the respondents for upgradation and maintenance of irrigation of canals, rivers etc.

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The petitioner in W.P.(C) No.19577/2021 is a Contract Co-operative Society and has undertaken four works awarded by the 3^rd respondent. Ext.P1 work was completed on 17.07.2020. The Assistant Engineer has issued Completion Certificate. An amount of ₹1,53,212/- is due under Ext.P3 Final Bill. The 2^nd work under Ext.P4 agreement is also completed on 17.07.2020 and an amount of ₹1,76,486/- is due under Ext.P6 Final Bill. The 3^rd work as

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W.P.(C) Nos.19577/2021 & connected cases : 5 :

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per Ext.P7 agreement was completed on 29.07.2020 and Ext.P9 Final Bill for ₹11,32,637/- is pending. The 4^th work under Ext.P10 agreement was completed on 17.07.2020 and Ext.p12 Final Bill for 1,40,805/- is pending.

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The petitioner in W.P.(C) No.19613/2021 is also Contractor and completed four works awarded by the 3^rd respondent as per Exts.P1, P4, P7 and P10. In respect of these works, Exts.P2, P5, P8 and P11 final bills are pending. The total amount payable to the petitioner under these bills would come to ₹6,52,833/-.

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The petitioner in W.P.(C) No.21051/2021 executed Ext.P1 agreement and completed the agreed work on 06.07.2020. The petitioner submitted Ext.P2 bill or an amount of ₹11,00,562/- on 12.06.2020. The bill has not been honoured so far. All the petitioners would submit that there is no dispute regarding the bills preferred by the petitioners. Still, payments are not effected.

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The learned Special Government Pleader for Irrigation submitted that the bills submitted by the petitioners

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W.P.(C) Nos.19577/2021 & connected cases : 6 :

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are processed. Now, the Revenue Divisional Officer has to scrutinise the bill and countersign the same and it has to be forwarded to the District Collector. Once the District Collector receives the bill duly signed by the Revenue Divisional Officer, then the amount payable to the petitioners can be paid without further delay.

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I have heard the learned counsel for the petitioners and the learned Special Government Pleader representing the respondent.

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The satisfactory completion of work undertaken by the petitioners, is not in dispute. The fact that the petitioners have raised their bills is admitted. In such circumstances, this Court is of the view that the payment of amounts due to the petitioners cannot be delayed further indefinitely.

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In the circumstances, the writ petitions are disposed of directing the Revenue Divisional Officers to scrutinise and countersign the bills preferred by the petitioners within a period of 30 days. The District Collector shall process the bill and make payment to the petitioners

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W.P.(C) Nos.19577/2021 & connected cases

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within a further period of two months therefrom, if the petitioners are otherwise eligible for payment.

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Sd/-

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N. NAGARESH, JUDGE

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aks/15.12.2021

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W.P.(C) Nos.19577/2021 & connected cases

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PETITIONER'S EXHIBITS

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Exhibit P1	TRUE COPY OF THE	AGREEMENT
	NO.12/AEE/2020-21 DATED	26.06.2020
	ENTERED INTO BETWEEN THE AND THE 3RD RESPONDENT.	PETITIONER
Exhibit P2	TRUE COPY OF THE	COMPLETION
	CERTIFICATE DATED 23.07.2021	ISSUED BY
	THE ASSISTANT ENGINEER, SECTION, RANNI.	IRRIGATION
Exhibit P3	TRUE COPY OF THE FINAL BILL	SUBMITTED
	BY THE PETITIONER BEFORE RESPONDENT	THE 3RD
Exhibit P4	TRUE COPY OF THE NO.14/AEE/2020-21 DATED ENTERED INTO BETWEEN THE AND THE 3RD RESPONDENT.	AGREEMENT 26.06.2020 PETITIONER
Exhibit P5	TRUE COPY OF THE CERTIFICATE DATED 23.07.2021 THE ASSISTANT ENGINEER, SECTION, RANNI.	COMPLETION ISSUED BY IRRIGATION
Exhibit P6	TRUE COPY OF THE FINAL BILL BY THE PETITIONER BEFORE RESPONDENT	SUBMITTED THE 3RD
Exhibit P7	TRUE COPY OF THE	AGREEMENT
	NO.15/AEE/2020-21 ENTERED IN THE PETITIONER AND THE 3RD DATED 26.06.2020.	TO BETWEEN RESPONDENT
Exhibit P8	TRUE COPY OF THE CERTIFICATE DATED 23.07.2021 THE ASSISTANT ENGINEER, SECTION, RANNI.	COMPLETION ISSUED BY IRRIGATION
Exhibit P9	TRUE COPY OF THE FINAL BILL BY THE PETITIONER BEFORE RESPONDENT	SUBMITTED THE 3RD
Exhibit P10	TRUE COPY OF THE	AGREEMENT
	NO.16/AEE/2020-21 DATED	26.06.2020
	ENTERED INTO BETWEEN THE AND THE 3RD RESPONDENT .	PETITIONER

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W.P.(C) Nos.19577/2021 & connected cases : 9 :

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Exhibit P11	TRUE	COPY OF		TH	E COMPLETION
	CERT THE SECT	IFICATE DATED ASSISTANT ION, RANNI.	23 ENG	.07 INEE	.2021 ISSUED BY R, IRRIGATION
Exhibit P12	TRUE BY RESP	COPY OF THE THE PETITION ONDENT	FI ER	NAL BE	BILL SUBMITTED FORE THE 3RD
Exhibit P13	COPY WPC.	OF JUDGMEN 19955/2021.	T	DT	02.11.2021 IN

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W.P.(C) Nos.19577/2021 & connected cases

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PETITIONER'S EXHIBITS

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Exhibit P1	TRUE COPY OF THE	AGREEMENT
	NO.03/AEE/2020-21 DATED	23.6.2020
	ENTERED INTO BETWEEN THE AND THE 3RD RESPONDENT.	PETITIONER
Exhibit P2	TRUE COPY OF THE	COMPLETION
	CERTIFICATE DATED 23.7.2021 THE ASSISTANT ENGINEER, SECTION RANNI.	ISSUED BY IRRIGATION
Exhibit P3	TRUE COPY OF THE FINAL BILL BY THE PETITIONER BEFORE RESPONDENT.	SUBMITTED THE 3RD
Exhibit P4	TRUE COPY OF THE NO.09/AEE/2020-21 DATED	AGREEMENT 26.6.2020
	ENTERED INTO BETWEEN THE AND THE 3RD RESPONDENT.	PETITIONER
Exhibit P5	TRUE COPY OF THE CERTIFICATE DATED 23.7.2021 THE ASSISTANT ENGINEER, SECTION RANNI.	COMPLETION ISSUED BY IRRIGATION
Exhibit P6	TRUE COPY OF THE FINAL BILL BY THE PETITIONER BEFORE RESPONDENT.	SUBMITTED THE 3RD
Exhibit P7	TRUE COPY OF THE NO.10/AEE/2020-21 ENTERED IN THE PETITIONER AND THE 3RD DATED 26.6.2020.	AGREEMENT TO BETWEEN RESPONDENT
Exhibit P8	TRUE COPY OF THE	COMPLETION
	CERTIFICATE DATED 23.7.2021 THE ASSISTNAT ENGINEER, SECTION RANNI.	ISSUED BY IRRIGATION
Exhibit P9	TRUE COPY OF THE FINAL BILL BY THE PETITIONER BEFORE RESPONDENT.	SUBMITTED THE 3RD
Exhibit P10	TRUE COPY OF THE NO.11/AEE/2020-21 DATED	AGREEMENT 26.6.2020
	ENTERED INTO BETWEEN THE AND THE 3RD RESPONDENT.	PETITIONER

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W.P.(C) Nos.19577/2021 & connected cases : 11 :

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Exhibit P11	TRUE	COPY	O	F	THE COMP	LETION
	CERT	IFICATE	DATE	D 23	.7.2021 ISS	UED BY
	THE SECT	ASSISTA ION RANN	NT I.	ENGI	NEER, IRRI	GATION
Exhibit P12	TRUE	COPY OF	THE	FIN	AL BILL SUB	MITTED
	BY	THE PET	ITIO	NER	BEFORE TH	E 3RD
	RESP	ONDENT.
Exhibit P13	TRUE 2/11	COPY /2021 IN	OF WPC	THE NO.1	JUDGMENT 9955/2021	DATED

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W.P.(C) Nos.19577/2021 & connected cases

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APPENDIX OF WP(C) 21051/2021

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PETITIONER'S EXHIBITS

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Exhibit P1	TRUE CO	PY	OF	T	HE	AGREEMENT
	NO.2/AEE/2	020	-2021	DAT	ED	12.06.2020
	ENTERED I AND THE 2N	NTO D R	BETW ESPOND	EEN ENT.	THE	PETITIONER
Exhibit P2	TRUE COPY	OF	THE	PETTY	CO	NTRACT BILL
	SUBMITTED	BY	TH	E PE	TIT	IONER WITH
	REFERENCE	TO	AGREE	MENT	NO.	2/AEE/2020-
	2021 DA	TED	12	.06.2	020	FOR RS
	11,00,562/	- B	EFORE	THE	2ND	RESPONDENT.
Exhibit P3	COPY OF WPC.19955/	JUD 202	GMENT 1.	DT	2.	11.2021 IN

Mon Joseph v. State of Kerala

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Mon Joseph v. State of Kerala

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