Disposed

Hamza v.P., v. State of Kerala

Kerala HC1 Nov 2022WP(C)/2752/2021

Case brief

AI extract

What is this about?

This petition challenged inordinate delay in sanctioning and disbursing payment for completed road renovation work. The court observed that the Government had initiated steps to allocate funds and ordered departments to complete the sanction and payment process within specified timelines.

What did the court decide?

Directions to forward proposal for fund allocation within three weeks; Government to sanction/disburse within three weeks; Panchayat to honour bill within two weeks.

Hamza v.P., 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 1^ST DAY OF NOVEMBER 2022 / 10TH KARTHIKA,

¶5

1944

¶6

WP(C) NO. 2752 OF 2021

¶7

PETITIONER/S:

¶8

HAMZA V.P., AGED 60 YEARS S/O. KUTTI MOIDEEN HAJI, P.W.D. CONTRACTOR, VALIYAPARAMBIL HOUSE, POOKKATTIRI, EDAYOOR P.O, MALAPPURAM DISTRICT.

¶9

BY ADV C.M.MOHAMMED IQUABAL

¶10

RESPONDENT/S:

¶11

1 STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, LOCAL SELF GOVERNMENT DEPARTMENT, GOVT. SECRETARIAT, THIRUVANANTHAPURAM, PIN-695 001

¶12

2 THE SECRETARY TO GOVERNMENT. LOCAL SELF GOVERNMENT DEPARTMENT, PALAYAM P.O, THIRUVANANTHAPURAM, PIN-695 003.

¶13

3 THE CHIEF ENGINEER, OFFICE OF THE CHIEF ENGINEER, LOCAL SELF GOVERNMENT DEPARTMENT, PALAYAM P.O,

¶14

THIRUVANANTHAPURAM, PIN-695 003

¶15

4 THE EXECUTIVE ENGINEER, LSGD DIVISION, MALAPPURAM , PIN-676 505

¶16

5 THE ASSISTANT EXECUTIVE ENGINEER, LSGD DIVISION, MALAPPURAM P.O, PIN- 676 505

¶17

6 THE DISTRICT PANCHAYATH, MALAPPURAM, MALAPPURAM P.O, PIN-676 505, REPRESENTED BY ITS SECRETARY.

¶18

7 THE PRESIDENT, DISTRICT PANCHAYATH, MALAPPURAM, MALAPPURAM P.O, PIN-676 505

¶19

W.P.(C) No.2752 of 2021

¶20

-2-

¶21

8 MANKADA BLOCK PANCHAYATH, MANKADA P.O, MALAPPURAM DISTRICT, PIN-679 324, REPRESENTED BY ITS SECRETARY.

¶22

9 PUZHAKATTIRI GRAMA PANCHAYATH, PUZHAKKATTIRI P.O, MALAPPURAM DISTRICT, PIN-679 321, REPRESENTED BY ITS SECRETARY. BY ADV SHRI.MANOJ RAMASWAMY, SC, PUZHAKKATTIRI GRAMA PANCHAYAT

¶23

OTHER PRESENT:

¶24

gp p.s.appu

¶25

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.11.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶26

W.P.(C) No.2752 of 2021

¶27

-3-

¶28

JUDGMENT

¶29

Dated this the 01^st day of November, 2022

¶30

The petitioner had carried out the renovation work of Kottuvad Sivakshethram Puthiya Parambath Road in the 9^th respondent Grama Panchayat based on technical sanction issued by 4^th respondent. The petitioner completed the work within time and submitted Ext.P8 final bill. This writ petition is filed aggrieved by the inordinate delay in sanctioning and disbursing the amount due to the petitioner.

¶31

Learned Government Pleader pointed out that the delay had occurred due to a confusion with respect to the head of account under which the bill is to be sanctioned. On getting further instructions, it is now submitted that as per letter dated 22.10.2022, the Government has addressed the Chief Engineer, LSGD to forward a proposal for allocation of sufficient funds for the work executed by the petitioner.

¶32

The Government having initiated action for

¶33

W.P.(C) No.2752 of 2021

¶34

disbursal of the amount due to the petitioner and in view of the statement of the 9^th respondent Panchayat that it has also requested the Government to sanction funds, the writ petition is disposed of as under;

¶35

forward the proposal to the Government for allotment of sufficient funds for the subject

¶36

work within three weeks.

¶37

(ii) Within three weeks of receipt of the

¶38

proposal, the competent officer in the Government shall take necessary action for sanctioning and disbursing the amount to the 9^th respondent.

¶39

respondent shall honour the bill submitted by the petitioner within two weeks.

¶40

The writ petition is disposed of accordingly.

Sd/-

V.G.ARUN JUDGE

Scl/01.11.22

W.P.(C) No.2752 of 2021

¶45

-5-

¶46

APPENDIX OF WP(C) 2752/2021

¶47

PETITIO EXHIBIT	NER EXHI P1	BITS THE TRUE COPY OF THE GOVERNMENT ORDER DATED 7.3.2019.
EXHIBIT	P2	THE TRUE COPY OF RELEVANT PAGES OF ANNEXURE II OF THE BUDGET ESTIMATE 2018-19 OF THE 1ST RESPONDENT.
EXHIBIT	P3	THE TRUE COPY OF THE TECHNICAL SANCTION OF KOTTUVAD SIVAKSHETHRAM PUTHIYA PARAMBATH ROAD DATED 12.11.2019.
EXHIBIT	P4	THE TRUE COPY OF THE SELECTION NOTICE ISSUED BY THE 4TH RESPONDENT DATED 4.12.2019.
EXHIBIT	P5	THE TRUE COPY OF THE AGREEMENT DATED 24.12.2019.
EXHIBIT	P6	THE TRUE COPY OF THE COMMUNICATION ISSUED BY THE 4TH RESPONDENT TO THE 5TH RESPONDENT DATED 24.12.2019.
EXHIBIT	P7	THE TRUE COPY OF THE COMPLETION CERTIFICATE ISSUED BY THE 5TH RESPONDENT DATED 28.5.2020.
EXHIBIT	P8	THE TRUE COPY OF THE FINAL BILL DATED 28.5.2020.
EXHIBIT	P9	THE TRUE COPY OF THE ORDER OF THE 4TH RESPONDENT DATED 23.7.2020.
EXHIBIT	P10	THE TRUE COPY OF THE COMMUNICATION ISSUED BY THE 4TH RESPONDENT TO THE 3RD RESPONDENT DATED 23.7.2020
EXHIBIT	P11	THE TRUE COPY OF THE COMMUNICATION ISSUED BY THE 4TH RESPONDENT TO THE 3RD RESPONDENT DATED 15.10.2020.
EXHIBIT	P12	THE TRUE COPY OF THE COMMUNICATION ISSUED BY THE 4TH RESPONDENT TO THE SECRETARY OF 9TH RESPONDENT GRAMA PANCHAYATH DATED 12.1.2021.
EXHIBIT	P13	THE TRUE COPY OF THE DECISION OF THE 9TH RESPONDENT GRAMA PANCHAYATH DATED 13.1.2021.
EXHIBIT	P14	THE TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 7TH RESPONDENT DATED 14.1.2021.

Hamza v.P., v. State of Kerala

Case brief

What is this about?

What did the court decide?

Hamza v.P., 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

Alex N. Joy Vs the Union of India

Subaida Vs State of Kerala

Mount Zion College of Engineering Vs the State of Kerala

Sasikumar K.K. Vs the Kerala State Backward Class

Xxxxx Vs Child Welfare Committee

Xxxxx Vs Child Welfare Committee