Disposed

P.R.Jayaprakash v. State of Kerala

Kerala HC16 Sept 2022WP(C)/2167/2021

Case brief

AI extract

What is this about?

Petitioner claimed payment for renovation works completed in 2019 following floods. Municipality sought Government sanction which was pending. Court directed Municipality to expedite sanction request and pay within two months of approval.

What did the court decide?

Municipality directed to request Government to expedite sanction; decision to be taken within two months and payment effected within two months thereafter.

P.R.Jayaprakash Vs State of Kerala — Public Procurement and Tenders | 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. 2167 OF 2021

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PETITIONER/S:

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P.R.JAYAPRAKASH
AGED 55 YEARS
S/O.RAMAN PILLAI, THIRUVATHIRA, PERUMANNUR P.O.,
VALAKOM, KOTTARAKKARA, KOLLAM DISTRICT 691 532
BY ADVS.

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K.T.THOMAS (KANNAMPALLIL)
SRI.K.J.JOSEPH (ERNAKULAM)

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RESPONDENT/S:

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1 STATE OF KERALA

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REP.BY ITS PRINCIPAL SECRETARY, LOCAL SELF GOVERNMENT DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM 695 001

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2 THE DISTRICT PLANNING COMMITTEE

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DISTRICT PLANNING OFFICE, COLLECTORATE, KANKATTU MUKKU P.O., KOLLAM DISTRICT 691 013, REP.BY ITS CHAIRPERSON.

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3 THE ASSISTANT EXECUTIVE ENGINEER 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 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

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PUNALUR P.O., KOLLAM DISTRICT 691 307, REP.BY
SECRETARY.

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

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BY ADV SHRI.MANOJ RAMASWAMY, SC, PUNALUR MUNICIPALITY

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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. 2167 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 renovation works of Pakidi road, Kuthirachira – Vettipuzha, drainage and covering slab of Kaduvakkuzhi – Murugan road and Kuthirachira – Vettipuzha road, 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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Taking into account the fact that the petitioner has completed

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WP(C) NO. 2167 OF 2021

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the work satisfactorily in the year 2019, the Municipality is directed to request the Government to expedite the consideration of its representation 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.

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The writ petition is disposed of as above.

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Sd/V.G ARUN JUDGE

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WP(C) NO. 2167 OF 2021

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APPENDIX OF WP(C) 2167/2021

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`PETITION` `EXHIBIT`	`ER EXHI` `P1`	`BITS` `TRUE COPY OF THE COVERING LETTER ISSUED BY` `THE PUBLIC INFORMATION OF THE PUNALUR` `MUNICIPALITY VIDE NO.C 1-5529/2020 DATED` `5.6.2020`
`EXHIBIT`	`P2`	`TRUE COPY OF THE EXTRACT OF THE MINUTES OF` `THE MEETING OF THE MUNICIPAL COUNCIL VIDE` `NO.6(1) DATED 10.1.2020 ALONG WITH DETAILS` `OF THE PROJECT WORK.`
`EXHIBIT`	`P3`	`TRUE COPY OF THE REPRESENTATION DATED` `6.10.2020 TO THE 6TH RESPONDENT.`

P.R.Jayaprakash v. State of Kerala

Case brief

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P.R.Jayaprakash v. State of Kerala

Case brief

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