Kerala High Court
K. Abdul Azeez vs Balussery Grama Panchayat on 27 June, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE M.A.ABDUL HAKHIM
THURSDAY, THE 27TH DAY OF JUNE 2024 / 6TH ASHADHA, 1946
WP(C) NO. 11345 OF 2015
PETITIONER:
K.ABDUL AZEEZ
S/O.AHAMMED KOYA, KOROTH HOUSE, VATTOLY BAZAR PO,
BALUSSERY, KOZHIKODE.
BY ADVS.
SRI.K.M.FIROZ
SRI.S.KANNAN
SMT.M.SHAJNA
RESPONDENTS:
1 BALUSSERY GRAMA PANCHAYAT
BLOCK PANCHAYATH OFFICE, BALUSSERY-673 001,
KOZHIKODE, REP. BY ITS SECRETARY.
2 THE ASSISTANT ENGINEER
LOCAL SELF GOVERNMENT DEPARTMENT, SUB DIVISION,
BALUSSERY, KOZHIKODE DISTRICT-673 001.
3 THE ASSISTANT ENGINEER
BLOCK DEVELOPMENT OFFICE, BALUSSERY, KOZHIKODE
DISTRICT-673 001.
4 THE EXECUTIVE ENGINEER
CONVENER, DISTRICT LEVEL TECHNICAL COMMITTEE
(DLTC) KOZHIKODE, OFFICE OF THE EXECUTIVE
ENGINEER, PUBLIC WORKS DEPARTMENT (ROAD
DIVISION), KOZHIKODE-673 001.
5 DISTRICT LEVEL TECHNICAL COMMITTEE DLTC KOZHIKODE
REP. BY ITS CONVENER, OFFICE OF THE EXECUTIVE
ENGINEER, PUBLIC WORKS DEPARTMENT (ROAD
DIVISION), KOZHIKODE-673 001.
6 THE DEPUTY SUPERINTENDENT OF POLICE
VIGILANCE AND ANTI CORRUPTION BUREAU, NORTHERN
RANGE, KOZHIKODE-673 001.
OTHER PRESENT:
SRI.BIMAL K NATH-SR.GP
WP(C) NO.11345 OF 2015
-: 2 :-
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 27.06.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
M.A.ABDUL HAKHIM, J.
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WP(C).No.11345 of 2015
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Dated this the 27th day of June, 2024
JUDGMENT
1. The Petitioner has filed this writ petition seeking a direction to the 6th Respondent to communicate the report of the outcome of the Vigilance Enquiry mentioned in Ext.P2 to respondents 1, 4 and 5 and direct respondents 4 and 5 to take immediate decision based on such report and to release payment to the petitioner. The petitioner has also sought direction to respondent No.1 to 5 to disburse the amount due to the petitioner, including retention amount, with 24% interest and compensation.
2. This writ petition was filed on 06/04/2015. The contract work was of the year 2003-2004. It is clear from Exts.P1 and P2 that, the work was with -: 2 :- WP(C) NO.11345 OF 2015 respect to construction of a Bridge and the Authorities have no complaint against the Bridge. A Statement was filed by the 6th respondent dated 26/06/2015 stating certain irregularities in the document were revealed pursuant to the surprise checks conducted on 23/02/2006, 25/03/2006 and 21/04/2006 by the Assistant Executive Engineer, PWD Roads Sub Division, Koyilandy; that the petitioner has received excess amount of Rs.41,305/-
3. I heard Sri.Firoz.K.M, the counsel for the petitioner and also Sri.Bimal K Nath, the learned Senior Government Pleader.The Senior Government Pleader, on instructions, submits that, even now the Vigilance Enquiry is pending.
4. The counsel for the petitioner submitted that, on account of the pendency of the writ petition, he has not even submitted the final bill also. -: 3 :- WP(C) NO.11345 OF 2015
5. On account of the long pendency of the matter,long delay in completing the vigilance enquiry and in view of Exhibits.P1 and P2 documents showing that there is no objection with respect to the construction of the Bridge, I dispose of this writ petition directing the petitioner to submit the final bill within one month from today and direct the 1st respondent to process the same in accordance with the law within a period of three months from the date of receipt of the said final bill, ignoring the pendency of the Vigilance Enquiry in the matter. The 1st respondent is free to deduct the excess payments made to the petitioner if any found by him.
Sd/-
M.A.ABDUL HAKHIM JUDGE rsr -: 4 :- WP(C) NO.11345 OF 2015 APPENDIX OF WP(C) 11345/2015 PETITIONER EXHIBITS EXT P1 : TRUE COPY OF THE COMMUNICATION DATED 5.8.2006 ISSUED BY THE 4TH RESPONDENT TO THE FIRST RESPONDENT. EXT P2 : TRUE COPY OF THE COMMUNICATION DATED 7.8.2006 ISSUED BY THE FIRST RESPONDENT TO THE 6TH RESPONDENT.