Disposed

Chandran K. v. State of Kerala

Kerala HC16 Sept 2022WP(C)/1853/2021

Case brief

AI extract

What is this about?

The High Court addressed a writ petition regarding delayed payment for flood rectification works. The court directed the Municipality to request the Government to expedite sanctioning the works for the 2022-2023 period and ordered the disbursement of dues within two months of such decision.

What did the court decide?

Directed the Municipality to request the Government to expedite sanction of the works; decided to take payment decision within two months and ensure payment within two months thereafter.

Chandran K. Vs State of Kerala — Property and Title | 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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FRIDAY, THE 16TH DAY OF SEPTEMBER 2022 / 25TH BHADRA, 1944

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WP(C) NO. 1853 OF 2021

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PETITIONER/S:

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CHANDRAN K.
AGED 68 YEARS
S/O.KRISHNAN, C.K.BHAVAN, VETTITHITTA P.O., PUNALUR,
KOLLAM DISTRICT - 689 696.
BY ADVS.
K.T.THOMAS (KANNAMPALLIL)
SRI.K.J.JOSEPH (ERNAKULAM)

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RESPONDENT/S:

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1 STATE OF KERALA REPRESENTED Y ITS PRINCIPAL SECRETARY, LOCAL SELF GOVERNMENT DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

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2THE DISTRICT PLANNING COMMITEE
DISTRICT PLANNING OFFICE, COLLECTORATE, KANKATTU MUKKU
P.O., KOLLAM DISTRICT - 691 013, REPRESENTED Y ITS
CHAIRPERSON.

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3 THE ASSISTANT EXECUTIVEENGINEER

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O/O ASSISTANT EXECUTIVE ENGINEER, L.S.G.D.SUB DIVISION, PUNALUR MUNICIPALITY, PUNALUR P.O., KOLLAM DISTRICT - 691 307.

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4 THE ASSISTANT ENGINEER

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O/O ASSISTANT ENGINEER, L.S.G.D.SUB DIVISION, PUNALUR
MUNICIPALITY, PUNALUR P.O., KOLLAM DISTRICT - 691 307.

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5 PUNALUR MUNICIPALITY PUNALUR P.O., KOLLAM DISTRICT - 691 307, REPRESENTED BY SECRETARY.

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6 THE SECRETARY, PUNALUR MUNICIPALITY PUNALUR P.O., KOLLAM DISTRICT - 691 307.

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BY ADV SRI.MANOJ RAMASWAMY

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
16.09.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 1853 OF 2021

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JUDGMENT Dated this the 16th 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 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.

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

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WP(C) NO. 1853 OF 2021

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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 1st 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. The writ petition is disposed of as above.

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Sd/V.G ARUN JUDGE

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WP(C) NO. 1853 OF 2021

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APPENDIX OF WP(C) 1853/2021

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PETITIONER EXHIBITS
EXHIBIT P1TRUE COPY OF THE DETAILS OF THE MODIFIED
PROJECT (RELEVANT PORTION).
EXHIBIT P2TRUE COPY OF THE REPRESENTATION DATED
05/11/2020 TO THE 6TH RESPONDENT.

Chandran K. v. State of Kerala

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Chandran K. v. State of Kerala

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