Disposed

Shibu Thomas v. State of Kerala

Kerala HC22 Sept 2022WP(C)/12318/2020

Case brief

AI extract

What is this about?

The court held that the petitioner completed flood-related rectification works satisfactorily. It directed the Municipality to expedite government sanction and ensure payment of the outstanding bill amount within two months of the sanction decision.

What did the court decide?

Directed the 1st respondent to expedite sanction for the works and direct the Municipality to pay the bill amount within two months of the sanction decision.

Shibu Thomas Vs State of Kerala — Service and Employment | Kerala HC (2022)

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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 V.G.ARUN

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THURSDAY, THE 22^ND DAY OF SEPTEMBER 2022 / 31ST BHADRA, 1944

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WP(C) NO. 12318 OF 2020

PETITIONER:

SHIBU THOMAS

AGED 1 YEARS

S/O.THOMAS, KAIMANIL HOUSE, URUKUNNU, PUNALOOR.P.O, KOLLAM. BY ADV R.JAIKRISHNA

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RESPONDENTS:

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1 STATE OF KERALA LOCAL SELF GOVERNMENT DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, G.P.O., THIRUVANANTHAPURAM-695001, REPRESENTED BY PRINCIPAL SECRETARY.

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2 ASSISTANT ENGINEER OFFICE OF THE ASSISTANT ENGINEER, L.S.G.D. SECTION, PUNALUR MUNICIPALITY, PUNALUR.P.O, KOLLAM-691307

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3 ASSISTANT EXECUTIVE ENGINEER

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OFFICE OF THE ASSISTANT EXECUTIVE ENGINEER, L.S.G.D SUB DIVISION, PUNALUR MUNICIPALITY, PUNALUR.P.O, KOLLAM-691307

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4 PUNALUR MUNICIPALITY

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PUNALUR.P.O, KOLLAM-691307, REPRESENTED BY ITS SECRETARY

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5 SECRETARY

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PUNALUR MUNICIPALITY, PUNALUR.P.O, KOLLAM-691307

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6 DISTRICT PLANNING COMMITTEE, DISTRICT PLANNING OFFICE, COLLECTORATE, KANKATTU MUKKU.P.O, KOLLAM-691013. REPRESENTED BY ITS CHAIRPERSON

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BY ADV SHRI.MANOJ RAMASWAMY, SC, PUNALUR MUNICIPALITY

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BY ADVS.

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P.S.APPU, GOVERNMENT PLEADER MANOJ RAMASWAY, SC FOR PUNALUR MUNICIPALITY

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON

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22.09.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 12318 OF 2020

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JUDGMENT

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Dated this the 22^nd day of September, 2022

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The petitioner was entrusted with certain rectification works by the Punalur Municipality, consequent to the floods of 2018 and 2019. The works were completed to the satisfaction of the Municipality and thereafter, the petitioner raised his bill. This writ petition is filed aggrieved by the inordinate delay in disbursing the bill amount.

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Learned counsel for the Municipality submitted that, even though the committee of the Municipality had taken a decision to disburse the amounts due to the petitioner, it was subsequently noticed that the works were awarded without obtaining sanction from the Government. Therefore, the Municipality has addressed the Government for granting sanction by including the works among the works sanctioned for the year 2022-2023. Now the matter is pending consideration before the Government and once sanction is accorded, the amount due to the petitioner

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WP(C) NO. 12318 OF 2020

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can be disbursed.

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Learned counsel for the petitioner submitted that the petitioner having completed the works, the Municipality cannot deny payment contending that the works were awarded without obtaining prior sanction. It is pointed out that the works were awarded on an emergent basis in view of the flood situation.

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Taking into account the fact that the petitioner

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has completed the works satisfactorily in the year 2019, the Municipality is directed to approach the Government for expediting its request for including the works carried out by the petitioner in the sanctioned works for the year 2022-2023. The petitioner is also permitted to make a representation in this regard before the 1^st respondent. The 1^st respondent shall expeditiously consider the request made by the Municipality and the representation, if any filed by the petitioner and take a decision within two months. Once the decision is taken, the Municipality shall take emergent steps for the

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WP(C) NO. 12318 OF 2020

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disbursal of the amount and ensure that payment is

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effected within two months of the decision.

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The writ petition is disposed of as above.

Sd/-

V.G.ARUN

JUDGE

NB/22-9

WP(C) NO. 12318 OF 2020

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APPENDIX OF WP(C) 12318/2020

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PETITIONER’S EXHIBITS

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EXHIBIT P1 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER TO THE 5TH RESPONDENT EXHIBIT P2 TRUE COPY OF THE COVERING LETTER ISSUED BY THE PUBLIC INFORMATION OF THE PUNALUR MUNICIPALITY EXHIBIT P3 TRUE COPY OF THE EXTRACT OF THE MINUTES OF THE MEETING OF THE MUNICIPAL COUNCIL ALONG WITH DETAILS OF THE PROJECT WORK

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RESPONDENTS’ EXHIBITS:

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ANNEXURE R5(a) TRUE COPY OF THE DECISION NO.9 DATED 11.09.2020 OF THE MUNICIPAL COUNCIL, PUNALUR

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TRUE COPY

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P.A. TO JUDGE

Shibu Thomas v. State of Kerala

Case brief

What is this about?

What did the court decide?

Shibu Thomas v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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