Disposed

K.Chithrangathan v. State of Kerala

Kerala HC16 Sept 2022WP(C)/2307/2021

Case brief

AI extract

What is this about?

Petitioner claimed payment for completed flood relief construction works delayed due to lack of Government sanction. Court directed Municipality to request expedited sanction from Government and to disburse payment within two months of decision.

What did the court decide?

Directed Respondent 1 to expedite sanction consideration; directed Respondent 1 to decide within two months; directed Respondent to disburse payment within two months of decision.

K.Chithrangathan 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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FRIDAY, THE 16TH DAY OF SEPTEMBER 2022 / 25TH BHADRA, 1944

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WP(C) NO. 2307 OF 2021

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PETITIONER/S:

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K.CHITHRANGATHAN
AGED 52 YEARS
S/O.KUNJU PANICKER, PLAVILA KIZHAKKETHIL, PLACHERI
P.O., PUNALUR, KOLLAM DISTRICT - 691 333.
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

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

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2 THE DISTRICT PLANNING COMMITTEE DISTRICT PLANNING OFFICE, COLLECTORATE, KANKATTU MUKKU P.O., KOLLAM DISTRICT - 691 013 REPRESENTED 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

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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 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. 2307 OF 2021

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JUDGMENT

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Dated this the 16th day of September, 2022

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The petitioner was entrusted with certain construction works of Aiswarya Hotel Road wall, filling of earth at Market road, Aiswarya Hotel and renovation of above two roads along with Varsha 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. 2307 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. 2307 OF 2021

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APPENDIX OF WP(C) 2307/2021

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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.C1-15534/2019 DATED` `13/01/2021.`
`EXHIBIT`	`P2`	`TRUE 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`	`P3`	`TRUE COPY OF THE REPRESENTATION DATED` `14/01/2021 TO THE 6TH RESPONDENT.`

K.Chithrangathan v. State of Kerala

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K.Chithrangathan v. State of Kerala

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