Petitioner challenged non-payment for work completed under an agreement with the Grama Panchayat. Court directed respondent to sanction funds and pay the amount within three months.
Direction to respondent No.5 to allot funds and pay the petitioner for work carried out within three months from receipt of the judgment copy.
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 SMT. JUSTICE P.V.ASHA
WEDNESDAY, THE 13TH DAY OF JANUARY 2021 / 23TH POUSHA, 1942 WP(C).No.21034 OF 2020(D)
PETITIONER:
MUSHTHAK.M.P AGED 42 YEARS S/O.M.P.HASSAN, MUKKILEPEEDIKAYIL HOUSE, P.O.SHUKAPURAM, EDAPPAL, MALAPPURAM DISTRICT,
PIN-679 576.
BY ADVS. SRI.SANTHEEP ANKARATH SMT.C.K.SHERIN
RESPONDENTS:
1 VATTAMKULAM GRAMA PANCHAYAT REPRESENTED BY ITS SECRETARY,
P.O.VATTAMKULAM, MALAPPURAM DISTRICT, PIN-679 578.
P.O.VATTAMKULAM, MALAPPURAM DISTRICT, PIN-679 578.
3 ASSISTANT ENGINEER, LOCAL SELF GOVERNMENT DEPARTMENT, VATTAMKULAM GRAMA PANCHAYAT, P.O.VATTAMKULAM, MALAPPURAM DISTRICT, PIN-679 578.
4 DISTRICT COLLECTOR, CIVIL STATION, MALAPPURAM-676 505.
ADDL. CHIEF ENGINEER, LSGD, THIRUVANANTHAPURAM R5
(ADDL.R5 IS SUO MOTU IMPLEADED AS PER ORDER DATED 13.01.2021)
BY ADV. SRI.C.V.MANUVILSAN
OTHER PRESENT:
SMT.VINITHA.B, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.21034 OF 2020(D)
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J U D G M E N T
Petitioner filed this writ petition claiming
that he had completed the work in the year 2018 after executing Ext.P2 agreement dated 13.12.2017, based on the work awarded to him as per Ext.P1 and that payment is not made so far. Initially the complaint was against the Panchayath.
a provision for arbitration in case there is any dispute.
WP(C).No.21034 OF 2020(D)
question of payment will come after allotment is sanctioned by the Government. According to the learned Government Pleader the delay occurred at the instance of the petitioner as the work was carried out by him in deviation of the contract executed.
At any rate since as at present the defects are
stated to have been rectified by all concerned, there shall be a direction to the addl.5th respondent to take expeditious steps for allotment of funds and thereafter for the payment towards the work carried
out by the petitioner at the earliest, within a period of 'three months' from the date of receipt of a copy of the judgment.
The writ petition is disposed of accordingly.
Sd/- P.V.ASHA, JUDGE
AS
WP(C).No.21034 OF 2020(D)
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APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF INTIMATION DATED 15.12.2017 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER. EXHIBIT P2 TRUE COPY OF THE AGREEMENT ENTERED INTO BETWEEN THE PETITIONER AND THE 1ST RESPONDENT DATED 30.12.2017. EXHIBIT P3 TRUE COPY OF THE CERTIFICATE DATED 05.09.2019 ISSUED BY THE 3RD RESPONDENT. EXHIBIT P4 TRUE COPY OF THE REPLY ISSUED TO THE PETITIONER BY THE 2ND RESPONDENT AND DATED 24.06.2019. EXHIBIT P5 TRUE COPY OF LETTER DATED 28.08.2019 ISSUED BY DEPUTY DIRECTOR OF PANCHAYAT. EXHIBIT P6 TRUE COPY OF LETTER DATED 05.10.2019 ISSUED BY DEPUTY CHIEF ENGINEER ON BEHALF OF THE CHIEF ENGINEER TO THE PETITIONER. EXHIBIT P7 TRUE COPY OF THE QUESTIONNAIRE SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT DATED 05.12.2019. EXHIBIT P8 TRUE COPY OF REPLY DATED 09.12.2019 FROM THE OFFICE OF THE 4TH RESPONDENT TO THE PETITIONER. EXHIBIT P9 TRUE COPY OF THE QUESTIONNAIRE DATED 05.12.2019 SUBMITTED BY THE PETITIONER BEFORE THE DEPUTY DIRECTOR OF PANCHAYAT UNDER RIGHT TO INFORMATION ACT.
EXHIBIT P10 TRUE COPY OF THE REPLY DATED 10.12.2019 ISSUED FROM THE OFFICE OF THE DEPUTY DIRECTOR OF PANCHAYAT TO THE PETITIONER.
WP(C).No.21034 OF 2020(D)
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EXHIBIT P11 TRUE COPY OF QUESTIONNAIRE DATED 16.11.2019 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. EXHIBIT P12 TRUE COPY OF THE REPLY DATED 11.12.2019 ISSUED BY THE 2ND RESPONDENT.
EXHIBIT P13 TRUE COPY OF LETTER DATED 24.10.2019 FROM THE EXECUTIVE ENGINEER TO THE 2ND RESPONDENT. EXHIBIT P14 TRUE COPY OF LETTER DATED 12.03.2020 ISSUED BY THE CHIEF ENGINEER TO THE EXECUTIVE ENGINEER. EXHIBIT P15 TRUE COPY OF LETTER DATED 01.07.2020 ISSUED BY THE EXECUTIVE ENGINEER TO THE PETITIONER.
EXHIBIT P16 PHOTOGRAPHS (2 NOS.) SHOWING THE COMPLETED SITE OF THE WORK.
2 issues framed by the court
Whether the work executed by the petitioner falling under an agreement with the defendant Grama Panchayat needed arbitration.
Whether the petitioner is entitled to payment for the completed work.
Mussthak.M.P
Vattamkulam Grama Panchayat
Secretary, Vattamkulam Grama Panchayat
Assistant Engineer, Local Self Government Department
District Collector
Addl. Chief Engineer, LSGD
P.V.Asha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
