Disposed

Mon Joseph v. State of Kerala

Kerala HC5 Oct 2021WP(C)/8286/2021

Case brief

AI extract

What is this about?

Petitioner contractor sought directions for payment of amounts due for work executed under an agreement between the Municipality and Minor Irrigation Department. Court directed the Secretary, Local Self Government to ensure funds are transferred so that amounts become due and disbursements are made.

What did the court decide?

Direction to the Secretary, Local Self Government Department to look into the issue, transfer funds, and ensure disbursement to the petitioner and other contractors within one month.

Mon Joseph Vs State of Kerala — Service and Employment | Kerala HC (2021)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR

¶4

TUESDAY, THE 5^TH DAY OF OCTOBER 2021 / 13TH ASWINA, 1943 WP(C) NO. 8286 OF 2021

¶5

PETITIONER:

¶6

MON JOSEPH AGED 49 YEARS S/O. U. E. UTHUPPAN (LATE) OTTATHYCAL HOUSE, NELLICKAMON P. O., RANNI, PATHANAMTHITTA - 689 674.

¶7

BY ADVS. J.JULIAN XAVIER SRI.FIROZ K.ROBIN SRI.ROY JOSEPH SRI.JOSE. V.V. (THENGATHARA) SMT.ANIES MATHEW SRI.E.HARIDAS

¶8

RESPONDENTS:

¶9

1 STATE OF KERALA REPRESENTED BY ITS SECRETARY, FINANCE (F) DEPARTMENT, SECRETARIAT, GOVT. PRESS P. O., THIRUVANANTHAPURAM - 695 001.

¶10

2 EXECUTIVE ENGINEER MINOR IRRIGATION DIVISION, OFFICE OF MINOR IRRIGATION DIVISION, MINI CIVIL STATION, THIRUNNAKKARA, KOTTAYAM P. O., PIN - 686001.

¶11

3 ASSISTANT EXECUTIVE ENGINEER IRRIGATION SUB DIVISION OFFICE, MINI CIVIL STATION, THIRUNNAKKARA, KOTTAYAM P. O., PIN - 686001.

¶12

4 ASSISTANT ENGINEER MINOR IRRIGATION SECTION, OFFICE OF THE MINOR IRRIGATION SECTION, COLLECTORATE, KOTTAYAM P. O., PIN - 686001.

¶13

5 KOTTAYAM MUNICIPALITY REPRESENTED BY ITS SECRETARY, MUNICIPAL OFFICE, YMCA ROAD, KOTTAYAM P. O., PIN - 686001.

¶14

WP(C) NO. 8286 OF 2021

¶15

¶16

6 CHAIRPERSON KOTTAYAM MUNICIPALITY, MUNICIPAL OFFICE, YMCA ROAD, KOTTAYAM P. O., PIN - 686001.

¶17

ADDL.R7 THE SECRETARY, LOCAL SELF GOVERNMENT DEPARTMENT, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM, IS SUO MOTU IMPLEADED AS PER ORDER DATED 03-09-2021 IN WP(C)

¶18

ADDL.R8 THE SECRETARY TO GOVERNMENT, DEPARTMENT OF FINANCE, GOVERNMENT OF KERALA, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM IS SUO MOTU IMPLEADED AS PER ORDER DATED 05.10.2021 IN WP(C)

¶19

BY ADVS. VINITHA B,SR GP SHRI.SIBY CHENAPPADY, SC, KOTTAYAM MUNICIPALITY

¶20

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05.10.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶21

WP(C) NO. 8286 OF 2021

¶22

¶23

W.P.(C) No.8286 of 2021

¶24

J U D G M E N T

¶25

The Government allotted funds to the fifth respondent Municipality in terms of Ext.R5(a) order for executing a few works in connection with the 2018 flood. Pursuant to the said order, the fifth respondent has identified the works to be executed and entered into an agreement with the second respondent, the Executive Engineer of the Minor Irrigation Department for executing the same. Ext.P3 is the agreement entered into by the fifth respondent with the second respondent. In furtherance to Ext.P3 agreement, the second respondent invited bids from contractors and awarded the works. The petitioner who is a contractor was awarded one of the works by the second respondent on the basis of Ext.P3 agreement. Though the petitioner has executed the work satisfactorily, the amounts due to him have not been disbursed by the second respondent, as the fifth respondent has not made available the funds for the said purpose. The petitioner, therefore, seeks directions to respondents 2 and 5 to disburse the amounts due to him in respect of the work executed by him.

¶26

2 . A counter affidavit has been filed by the fifth respondent stating, among others, that though a bill was raised by the fifth

¶27

¶28

WP(C) NO. 8286 OF 2021

¶29

respondent on 13.03.2020 itself to the District Treasury, Kottayam for transferring the necessary funds to the second respondent for effecting the payments due to the contractors, the same was not honoured by the Treasury before the end of the financial year. It is also stated by the fifth respondent in the counter affidavit that since the allotment of funds in favour of the fifth respondent is not reflected in the portal “SANKHYA” used for transferring the funds by the local bodies, the fifth respondent could not raise the bills for transferring the amounts due to the second respondent during the subsequent financial year also.

¶30

3 . Heard the learned counsel for the petitioner, the learned Government Pleader as also the learned Standing Counsel for the fifth respondent.

¶31

4 . Insofar as the petitioner has executed the work awarded to him satisfactorily, he has to be paid the amounts due in respect of the work. Going by the stand taken by the fifth respondent in the counter affidavit, it is seen that the issue raised by the fifth respondent is one to be tackled by the Government.

¶32

In the said view of the matter, I deem it appropriate to dispose of the writ petition directing the additional eighth respondent to look into the issue raised by the fifth respondent and take appropriate action so as to enable the fifth respondent to raise appropriate bill before the District Treasury and transfer the funds required for disbursing the

¶33

WP(C) NO. 8286 OF 2021

¶34

¶35

amounts due to the petitioner and other contractors to the second respondent. Ordered accordingly. This shall be done within one month. Needless to say that the amounts payable to the petitioner shall be disbursed immediately thereafter.

Sd/-

P.B.SURESH KUMAR

JUDGE

WP(C) NO. 8286 OF 2021

¶41

¶42

APPENDIX OF WP(C) 8286/2021

¶43

PETITIONER EXHIBITS

¶44

EXHIBIT	P1 TRUE COPY OF THE DECISION NO.57 DATED 21.12.2019 SIGNED BY THE 6TH RESPONDENT.
EXHIBIT	P2 TRUE COPY OF THE LETTER DATED 11.03.2020 ISSUED BY THE 5TH RESPONDENT TO THE 2ND RESPONDENT.
EXHIBIT	P3 TRUE COPY OF THE AGREEMENT NO.3/2020 DATED 11.03.2020, SIGNED ON 12.03.2020.
EXHIBIT	P4 TRUE COPY OF THE NOTICE INVITING TENDER DATED 27.04.2020 PUBLISHED BY THE 2ND RESPONDENT.
EXHIBIT	P5 TRUE COPY OF THE LETTER DATED 12.05.2020 ISSUED BY THE 2ND RESPONDENT AWARDING THE TENDER TO THE PETITIONER.
EXHIBIT	P6 TRUE COPY OF THE AGREEMENT NO.26/EE/2020-21 DATED 29.05.2020.
EXHIBIT	P7 TRUE COPY OF THE RUNNING ACCOUNT BILL SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.

Mon Joseph v. State of Kerala

Case brief

What is this about?

What did the court decide?

Mon Joseph v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

N.J. Johnson, Vs v. Sheeja

P.v.Ali Mubaraq Vs Salim

Muhammed Basid P.K Vs State of Kerala

C.P.Philip Vs Union Public Service Commission

Thankachan M.V. Vs Puncha Special Officer

Adv. Rathish H Vs Kerala State Financial Enterprises Limited (Ksfe)