Petitioner challenged delay in disbursement of final bills for road renovation work undertaken for the Ministry of Chief Minister's Local Fund Rebuild Project. Court recorded submission that one bill will be honoured within one month and another disbursed expeditiously subject to fund availability and seniority.
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 MR.JUSTICE V.G.ARUN
TUESDAY, THE 12TH DAY OF JULY 2022 / 21ST ASHADHA, 1944
WP(C) NO. 16019 OF 2022
PETITIONER:
1 MARYSADAN PROJECTS PVT LTD., MARYSADAN BUILDING, NEELEESWARAM P.O., KALADY, ERNAKULAM 683574, REPRESENTED BY ITS MANAGING DIRECTOR BIBY BABY, W/O.SUBIN GEORGE, AGED 30 YEARS, NEELEESWARAM P.O. KALADY, ERNAKULAM DISTRICT. PIN-683 574 BY ADVS. K.J.MANU RAJ K.VINAYA
RESPONDENTS:
REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001.
BY ADVS. AMMINIKUTTY, GOVERNMENT PLEADER JANARDHANA SHENOY- STANDING COUNSEL D.G.VIPIN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12.07.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 16019 OF 2022
2
JUDGMENT
Dated this the 12th day of July, 2022
The petitioner had undertaken the works; (i)
renovation of water land road in Div. 21 & 12 using BM & BC tarring (CMLRRP-2nd phase) and (ii) renovation of ESI road in ward 12 using BM & BC tarring. The 1st work was completed as early as on 02.07.2021 and the final bill was submitted on 29.04.2022. The 2nd work was completed as on 16.07.2021 and the final bill submitted on 25.03.2022. This writ petition is filed, aggrieved by the delay in disbursing the amounts due under the final bills.
WP(C) NO. 16019 OF 2022
3
that, the respondents may be directed to disburse the amount due under the 2nd bill also expeditiously. Learned Government Pleader pointed out that a seniority list is being maintained and the amount can
be disbursed based on seniority and availability of funds alone.
The writ petition is hence disposed of, recording the submission of the learned Government Pleader that the amount for which the petitioner is eligible for the work, renovation of ESI road, will be disbursed either by the end of this month or within an outer limit of one month. The further submission that the amount due under the 2nd bill will be disbursed as expeditiously as possible, subject to seniority and availability of funds, is also recorded.
Sd/-
V.G.ARUN
JUDGE
NB/12-7
WP(C) NO. 16019 OF 2022
4
APPENDIX OF WP(C) 16019/2022
PETITIONER’S EXHIBITS
| EXHIBIT P1 | A TRUE COPY OF THE COMPLETION REPORT PERTAINING TO THE WORK NAMELY RENOVATION OF WATER LAND ROAD IN DIV 21 & 12 USING BM & BC TARRING (CMLRRP-2ND PHASE) DATED NIL |
|---|---|
| EXHIBIT P2 | A TRUE COPY OF THE RELEVANT PAGES OF PAYMENT REQUEST DETAILS DOWNLOADED FROM THE PORTAL OF THE CHIEF MINISTER'S LOCAL FUND REBUILD PROJECT, GOVERNMENT OF KERALA AS REGARDS THE WORK RENOVATION OF WATER LAND ROAD IN DIV 21 & 12 USING 11-14 BM & BC TARRING (CMLRRP-2ND PHASE) DATED NIL |
| EXHIBIT P3 | A TRUE COPY OF THE COMPLETION REPORT PERTAINING TO THE WORK NAMELY RENOVATION OF ESI ROAD IN WARD 12 USING BM & BC TARRING DATED NIL . |
| EXHIBIT P4 | A TRUE COPY OF THE RELEVANT PAGES OF PAYMENT REQUEST DETAILS DOWNLOADED FROM THE PORTAL OF THE CHIEF MINISTER'S LOCAL FUND REBUILD PROJECT, GOVERNMENT OF KERALA AS REGARDS THE WORK OF RENOVATION OF ESI ROAD IN WARD 12 USING BM & BC TARRING DATED ŅIL |
| EXHIBIT P5 | A TRUE COPY OF THE COMMUNICATION DATED 2/12/2021 OF THE 5TH RESPONDENT TO THE PRINCIPAL SECRETARY OF THE GRIEVANCE REDRESSAL CELL OF THE HONOURABLE CHIEF MINISTER, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM . |
| EXHIBIT P6 | A TRUE COPY OF THE INFORMATION RECEIVED FROM STATE PUBLIC INFORMATION OFFICER DATED 9.12.2021 ISSUED TO SUBIN GEORGE. |
| EXHIBIT P7 | A TRUE COPY OF THE GOVERNMENT ORDER DATED 10.6.2022 PROVIDING BILL DISCOUNTING SYSTEM BY THE 2ND RESPONDENT |
RESPONDENTS' EXHIBITS: NIL
TRUE COPY
P.A. TO JUDGE
1 issue framed by the court
Whether the petitioner is entitled to a direction for immediate disbursement of the final bill amount pending due to fund allocation delays?
Marysadhan Projects Pvt Ltd.
The State of Kerala
The Secretary, Finance Department
The Secretary, Revenue Department
The Secretary, Local Self Government Department
Kochi Corporation
V.G.ARUN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
