IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 1ST DAY OF JUNE 2022 / 11TH JYAISHTA, 1944
WP(C) NO. 20550 OF 2014
PETITIONER:
SMT.PRABHA PUSHKARAN
AGED 55 YEARS
W/O.PUSHKARAN, THIRUVILAKKIL HOUSE,
EZHUPUNNA SOUTH, CHERTHALA,
ALAPPUZHA DISTRICT - 688 550.
BY ADV SRI.V.J.JAMES
RESPONDENTS:
1 KODAMTHURUTH GRAMA PANCHAYATH
REPRESENTED BY ITS SECRETARY, KODAMTHURUTH POST
ALAPPUZHA DISTRICT - 688 533.
2 THE SECRETARY SPECIAL GRADE
KODAMTHURUTH GRAMA PANCHAYATH, KODAMTHURUTH POST,
ALAPPUZHA DISTRICT - 688 533.
3 THE ASSISTANT ENGINEER
L.S.G.D, KUTHIYATHODE,
ALAPPUZHA DISTRICT - 688 533.
4 TH SECRETARY TO GOVERNMENT
DEPARTMENT OF LOCAL SELF ADMINISTRATION,
SECRETARIATE, THIRUVANANTHAPURAM - 695 001.
BY ADVS.
SRI.R.RAJASEKHARAN PILLAI
SMT.SABINA JAYAN
OTHER PRESENT:
SMT.DEEPA NARAYANAN, SR.GP,
SRI.RAJASEKHARAN PILLAI, PANCHAYAT
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 01.06.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C).No.20550/2014
2
P.V.KUNHIKRISHNAN, J.
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W.P.(C).No.20550 of 2014
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Dated this the 01st day of June, 2022
JUDGMENT
This writ petition is filed with following prayers:
i. To call for the records relating to Exhibits P-1 to P-11.
ii. To issue a Writ of Mandamus or any other appropriate Writ, Order or Direction to the 3 rd respondent commanding him to submit the final bill duly approved, to the 1st respondent within a time frame as fixed by this Honourable Court. iii. To issue a Writ of Mandamus or any other appropriate Writ, Order or Direction to commanding the 2nd respondent to release the payment as per the approved bill to the petitioner, with interest @ 12% on the bill amount calculated from 7-7-2006, the date of Exhibit P-1 resolution, within a time frame as fixed by this Honourable Court.
iv. To award compensatory cost to the petitioner for the sufferings and harassment suffered by the petitioner from the part of the respondents 1 to 3. v. Such other reliefs as this Honourable Court deem W.P.(C).No.20550/2014 3 fit to grant in the facts and circumstances of the case.
(SIC)
2. Petitioner is the convener of the Road Construction Committee under the Janakeeyasootranam Scheme in Kodamthuruth Grama Panchayat. It is the case of the petitioner that she undertook the construction of Pazangattu -
Paravattezath Road, in the year, 2001-2002, for a total estimate of Rs.40,000/-. It is stated in the writ petition that an amount of Rs.10,000/- was released to the petitioner by the Panchayat as advance. It is also stated that due to various technical reasons, the petitioner was forced to stop the work mid way and accordingly the balance amount for the work done in excess of Rs.10,000/- was not paid. When there was no response, the petitioner filed a suit before the Munsiff's Court for getting the amount. Subsequently Ext.P1 resolution was passed by the Panchayat in which it stated that the Panchayat will disburse the amount once the suit is withdrawn. Accordingly the petitioner withdrew the suit as evident by Ext.P2 judgment. Thereafter Ext.P3 resolution was taken by the Panchayat in which the Panchayat requested the W.P.(C).No.20550/2014 4 Assistant Engineer, LSGD, to take measurement of the work done and submit report. Ext.P3 resolution was forwarded to the Assistant Engineer, LSGD, as evident by Ext.P4.
Thereafter Ext.P5 was issued by the Assistant Engineer, LSGD in which it is stated that the work was done during the period 2001-2002 and hence the Engineer who was in charge at that time has to measure the work and if the papers are submitted, the bill will be prepared by the Engineer. The grievance of the petitioner is that the petitioner is not responsible for the same. The Panchayat has to do the needful.
3. Heard the learned counsel for the petitioner and the learned Standing Counsel for the Panchayat.
4. The counsel for the petitioner reiterated his contentions in the writ petition. The Standing Counsel for the Panchayat submitted that once the measurement is done and the bill is submitted, the Panchayat will do the needful to disburse the amount due immediately. But the difficulty now pointed out is that as per Ext.P5, the measurement is to be done by the Engineer who was in charge during the period 2001-02 for which the petitioner cannot do anything and the Panchayat has to do the needful.
W.P.(C).No.20550/2014 5
5. In such circumstances, the Panchayat will issue a notice to the Officer concerned who was in charge of the work during the period 2001-2002 to do the needful and if he is not available even after the notice, the present Engineer concerned will do the measurement and prepare the bill.
Thereafter the Panchayat will disburse the amount due to the petitioner immediately.
Therefore, this writ petition is disposed of in the following manner:
1. Respondents 1 and 2 will issue notice to the Officer concerned who was in charge of the work in dispute during the period 2001-2002 to produce the M-Book with measurement immediately.
2. If there is no response to the notice issued from the side of the Panchayat, the present Engineer of LSGD will measure the work and prepare necessary documents and thereafter submit the bill before the Panchayat.
3. On receipt of the bill, the Panchayat will disburse the amount forthwith.
W.P.(C).No.20550/2014 6
4. The above exercise should be completed by respondents 1 and 2, as expeditiously as possible, at any rate, within three months from the date of receipt of a copy of this judgment.
sd/-
P.V.KUNHIKRISHNAN JV JUDGE W.P.(C).No.20550/2014 7 APPENDIX OF WP(C) 20550/2014 PETITIONER EXHIBITS P1 - A TRUE COPY OF THE RESOLUTION NO. IV DT. 07/7/2007 PASSED BY THE KODAMTHURUTHU GRAMA PANCHAYATH COMMITTEE.
P2 - TRUE COPY OF THEJ UDGMENT DT.
28.8.06 IN OS NO. 801/14 PASSED BY THE MUNSIFF COURT CHERTHALA.
P3 - A TRUE COPY OF THE REOLUTION NO. XXIV DT. 25.1.08 PASSED BY THE 1ST RESPONDENT PANCHAYATH COMMITTTEE. P4 - A TRUE COPY OF THE LETTER DT.
10.3.08 FROM THE 2ND RESPONDENT TO THE 3RD RESPONDENT ASSISTANT ENGINEER L.S.G.D KUTHIYATHODE.
P5 - A TRUE COPY OF THE LETTER DT.
13.3.08 SENT BY THE ASST. ENGINEER L.S.G.D KUTHYATHODE TO THE 2ND RESPONDENT.
P6 - A TRUE COPY OF THE LETTER DT.
15.3.08 ADDRESSED TO THE 2ND RESPONDENT PANCHAYATH SECRETARY SENT BY THE PETITIONER.
P7 - A TRUE COPY OF THE LETTER NO. C1
- 25/05 DT. 07.10.09 SENT BY THE 2ND RESPONDENT TO THE PETITIONER.
P8 - A TRUE COPY OF THE REPRESENTATION DT. 22.10.09 SENT BY THE PERTITIONER TO THE 2ND RESPONDENT.
P9- A TRUE COPY OF THE LEGAL NOTICE DT. 17.12.11 ADDRESSED TO THE 1ST RESPONDENT.
P10 - A TRUE COPY OF THE RESOLUTION NO. 6(8) DT. 29.5.12 PASSED BY THE 1ST RESPONDENT PANCHAYATH COMMITTEE. P11- A TRUE COPY OF THE COMMUNICATION NO. A3 - 7406/09 DT. 15.1.13 FROM THE OFFICE OF THE PANCHAYATH DEPUTY DIRECTOR, ALAPPUZHA.