Allowed

Chungathara Grama Panchayath v. State of Kerala

Kerala HC7 Jul 2022WP(C)/4277/2022

Case brief

AI extract

What is this about?

The High Court of Kerala allowed a writ petition challenging an Ombudsman's order directing a Grama Panchayath to pay interest on a disputed sum. The Court held that the Ombudsman could not decide interest absent a prayer in the original complaint and set aside the impugned order, granting liberty to the claimant to seek interest in Civil Court.

What did the court decide?

The impugned order (Ext.P7) was set aside. The Second Respondent was granted liberty to approach the Civil Court for interest.

Chungathara Grama Panchayath Vs State of Kerala — Writ and Judicial Review | 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 P.V.KUNHIKRISHNAN

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THURSDAY, THE 7^TH DAY OF JULY 2022 / 16TH ASHADHA, 1944

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WP(C) NO. 4277 OF 2022

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PETITIONER:

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CHUNGATHARA GRAMA PANCHAYATH CHUNGATHARA P.O., MALAPPURAM DISTRICT-679334, REPRESENTED BY ITS SECRETARY.

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BY ADV U.K.DEVIDAS

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RESPONDENTS:

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1 STATE OF KERALA REPRESENTED BY THE SECRETARY, LOCAL SELF GOVERNMENT DEPARTMENT, 5TH FLOOR, SWARAJ BHAVAN, NANTHANCODE, KOWDIAR P.O., THIRUVANANTHAPURAM-695003. 2 NOUSHADALI, S/O.MUHAMMED, KADAKULATH HOUSE, CHANGATHARA P.O., MALAPPURAM DISTRICT-679334. 3 OMBUDSMAN FOR THE LOCAL SELF GOVERNMENT AUTHORITIES, 4TH FLOOR, SAPHALYAM COMPLEX, TRIDA BUILDING, UNIVERSITY P.O., PALAYAM, THIRUVANANTHAPURAM-695034. 4 DEPUTY DIRECTOR OF PANCHAYATH, CIVIL STATION ROAD, UPHILL, MALAPPURAM-676505. BY ADVS. P.SAMSUDIN M.ANUROOP SHYAM NAIR LIRA A.B. SMT.VIDYA KURIAKOSE, GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07.07.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 4277 OF 2022

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P.V.KUNHIKRISHNAN, J.

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-----------------------------W.P.(C).No. 4277 of 2022

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Dated this the 07^th day of July, 2022

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JUDGMENT

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The above writ petition is filed with the following

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prayers:

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“(i) a writ of certiorari or any other appropriate writ order or direction to call for the records leading to Ext.P7 order in Complaint No.976/2017 before the third respondent and quash the same.

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(ii) a writ of mandamus or any other appropriate writ order or direction to the second respondent to reconsider the Ext.P7 order and drop further proceedings in Complaint No.976/2017 before the third respondent.

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(iii) such other relief's as this Hon'ble Court deems fit to grant in the nature of this case.”[SIC]

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The petitioner conducted 21 works in the

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grama panchayath under the National Rural Employment Scheme and Annual Projects of the grama panchayath during the year 2015-16. The 2^nd respondent supplied materials for the above said works. Since the amount

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WP(C) NO. 4277 OF 2022

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due to the 2^nd respondent was not paid within time, he filed complaint before the 3^rd respondent, complaining that an amount of Rs.4,60,000/- is due from the petitioner as the value of the supplied materials for the above said work. Petitioner appeared in the complaint and filed objection on 24.07.2019 before the 3^rd respondent stating the facts and admitted amount due to the 2^nd respondent. When Ext.P2 objection was filed, the 2^nd respondent filed a reply statement before the 3^rd respondent as evident by Ext.P3. It is the case of the petitioner that, in Exts.P1 and P3 he did not claim any interest or compensation from the petitioner Grama Panchayath. Thereafter the third respondent directed the petitioner to disburse an amount of Rs.2,90,704/- to the 2^nd respondent as evident by Ext.P4. Pursuant to Ext.P4 order, the 2^nd respondent has received Rs.2,87,797/- after deducting T.D.S from Rs.2,90,704/through his bank account on 8.11.2021. Thereafter, the 3^rd respondent has issued another order on 09.11.2021 directing the petitioner to pay an interest on

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WP(C) NO. 4277 OF 2022

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Rs.2,90,704/- at the rate of 9% per annum from 01.01.2017 onwards and directed the Secretary and Deputy Director of the Panchayath to recover the said amount from the responsible employees. Aggrieved by Ext.P7 order, this writ petition is filed.

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Heard counsel appearing for the petitioner, the learned Government Pleader and the counsel appearing for the 2^nd respondent.

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The counsel appearing for the petitioner reiterated his contentions in the writ petition. The counsel appearing for the 2^nd respondent submitted that, an interlocutory application was filed for getting interest and cost for the delayed payment. The counsel for the petitioner disputed the same.

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Whatever that may be, the admitted amount is already disbursed to the 2^nd respondent by the petitioner. The payment of the interest is disputed by the petitioner. In such situation, it is not proper on the part of the Ombudsman to decide the interest especially when there is no such prayer in the original complaint filed by the 2^nd

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WP(C) NO. 4277 OF 2022

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respondent. Therefore, the payment of interest by the Ombudsman can be set aside. But I make it clear that the 2^nd respondent is free to approach the civil court to get interest, if he is entitled the same in accordance to law.

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Therefore, this writ petition is allowed in the following manner:

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i. Ext.P7 is set aside.

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ii. The 2^nd respondent is given liberty to

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approach the Civil court for interest, if he is eligible to get interest as per law.

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Sd/-

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P.V.KUNHIKRISHNAN JUDGE

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WP(C) NO. 4277 OF 2022

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APPENDIX OF WP(C) 4277/2022

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PETITIONER EXHIBITS

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EXHIBIT P1	TRUE	COPY OF THE COMPLAINT DATED NIL
	FILED THE T	BY THE SECOND RESPONDENT BEFORE HIRD RESPONDENT.
EXHIBIT P2	TRUE 24.7.	COPY OF THE OBJECTION DATED 2019.
EXHIBIT P3	TRUE	COPY OF THE REPLY STATEMENT
	DATED RESPO	26.7.2019 BEFORE THE THIRD NDENT.
EXHIBIT P4	TRUE	COPY OF THE ORDER DATED
	4.10. RESPO	2021 PASSED BY THE THIRD NDENT.
EXHIBIT P5	TRUE 29.10	COPY OF THE DECISION DATED .2021.
EXHIBIT P6	TRUE	COPY OF ACKNOWLEDGEMENT RECEIPT.
EXHIBIT P7	TRUE	COPY OF THE ORDER DATED
	9.11. RESPO	2021 ISSUED BY THE THIRD NDENT.
EXHIBIT P8	TRUE DATED	COPY OF THE DECISION NO. 9(I) 14.12.2021.

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RESPONDENT'S EXHIBITS: NIL

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//TRUE COPY//

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PA TO JUDGE

Chungathara Grama Panchayath v. State of Kerala

Case brief

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Chungathara Grama Panchayath v. State of Kerala

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