Disposed

S.Narayanan v. State of Kerala

Kerala HC23 Aug 2022WP(C)/12816/2020

Case brief

AI extract

What is this about?

The court directed the Punalur Municipality to expeditiously request government sanction for flood relief work completed by the petitioner. The municipality was ordered to ensure payment is effected within two months of a decision.

What did the court decide?

Directed the Municipality to request Government sanction and expedite payment, ensuring disbursement within two months of a decision.

S.Narayanan Vs State of Kerala — Service and Employment | Kerala HC (2022)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶4

TUESDAY, THE 23^RD DAY OF AUGUST 2022 / 1ST BHADRA, 1944

¶5

WP(C) NO. 12816 OF 2020

¶6

PETITIONER:

¶7

S.NARAYANAN

¶8

AGED 59 YEARS
S/O.SIVARAMAN ACHARI, LEKSHMI BHAVAN, THOLICODE
P.O., PUNALUR, KOLLAM DISTRICT-691333.

¶9

BY ADV K.T.THOMAS (KANNAMPALLIL)

¶10

RESPONDENTS:

¶11

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

¶12

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

¶13

3 THE ASSISTANT EXECUTIVE ENGINEER, O/O.ASSISTANT EXECUTIVE ENGINEER, L.S.G.D SUB DIVISION, PUNALUR MUNICIPALITY, PUNALUR P.O., KOLLAM DISTRICT-691307.

¶14

4 THE ASSISTANT ENGINEER, O/O.ASSISTANT ENGINEER, L.S.G.D SUB DIVISION, PUNALUR MUNICIPALITY, PUNALUR P.O., KOLLAM DISTRICT-691307.

¶15

5 PUNALUR MUNICIPALITY, PUNALUR P.O., KOLLAM DISTRICT-691307, REPRESENTED BY SECRETARY.

¶16

6 THE SECRETARY, PUNALUR MUNICIPALITY, PUNALUR P.O., KOLLAM DISTRICT-691307.

¶17

BY ADV SHRI.MANOJ RAMASWAMY,SC,PUNALUR MUNICIPALITY

¶18

SHRI.P.S.APPU, GOVERNMENT PLEADER

¶19

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 23.08.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:

¶20

WP(C) No.12816 OF 2020

¶21

¶22

V. G. ARUN, J.

¶23

=========================== WP(C) No.12816 of 2020 ============================ Dated this the 23^rd day of August, 2022

¶24

JUDGMENT

¶25

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.

¶26

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 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 can be disbursed.

¶27

Learned counsel for the petitioner submitted that the petitioner having completed the work, the Municipality cannot deny payment contending that the work was awarded without obtaining

¶28

WP(C) No.12816 OF 2020

¶29

¶30

prior sanction. It is pointed out that the work was awarded on an emergent basis in view of the flood situation.

¶31

Taking into account the fact that the petitioner has completed the work satisfactorily in the year 2019, the Municipality is directed to request the Government 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 first 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 disbursal of the amount and ensure that payment is effected within two months of the decision.

¶32

The writ petition is disposed of as above.

Sd/-

V. G. ARUN JUDGE

WP(C) No.12816 OF 2020

¶37

¶38

APPENDIX OF WP(C) 12816/2020

¶39

PETITIONER EXHIBITS

¶40

EXHIBIT P1TRUE COPY OF THE COVERING LETTER
ISSUED BY THE PUBLIC INFORMATION OF
THE PUNALUR MUNICIPALITY VIDE NO.C1-
5529/2020 DATED 01.06.2020.
EXHIBIT P2TRUE COPY OF THE EXTRACT OF THE
MINUTES OF THE MEETING OF THE
MUNICIPAL COUNCIL VIDE NO.6(1) DATED
10.01.2020 ALONG THE DETAILS OF THE
PROJECT WORK.
EXHIBIT P3TRUE COPY OF THE REPRESENTATION DATED
19.05.2020 OF THE 6TH RESPONDENT.

S.Narayanan v. State of Kerala

Case brief

What is this about?

What did the court decide?

S.Narayanan 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

Prasanna Vs Land Revenue Commissioner

Madhu Sankarankutty Vs State of Kerala

Gabriel E. Joseph, Vs the Ministry of Youth Affairs and Sports

Malabar Associates Vs the Chief Engineer

P.J.Sunny Vs Kerala Water Authority

Ashraf.B Vs State of Kerala