Kerala High Court
The District Collector vs The District Collector on 18 February, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY, THE 18TH DAY OF FEBRUARY 2021/29TH MAGHA,1942
RP.No.144 OF 2021 IN WP(C). 10046/2020
AGAINST THE JUDGMENT DATED 21.08.2020 IN
WP(C) 10046/2020(E) OF HIGH COURT OF KERALA
REVIEW PETITIONERS/RESPONDENT NOS.1 & 5 IN WP(C):
1 THE DISTRICT COLLECTOR,
COLLECTORATE, ERNAKULAM 682 031.
2 THE PRINCIPAL SECRETARY TO GOVERNMENT,
PUBLIC WORKS DEPARTMENT, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM - 695 001.
BY ADV.SRI.M.L.SAJEEV,
(SPECIAL GOVERNMENT PLEADER FOR REVENUE)
RESPONDENTS/PETITIONER AND RESPONDENTS 2 TO 4 IN WP(C):
1 BALUKRISHNA M.B., GOVERNMENT CONTRACTOR,
MRIDULA VIHAR, T.C.17/203, CHADIYARA,
POOJAPPURA P.O., THIRUVANANTHAPURAM - 695 012.
2 PRATHEEKSHA BUS SHELTERS KERALA LIMITED,
REPRESENTED BY ITS MANAGING DIRECTOR,
GNA NO.215, T.C.101, 102,
SAROJINI GANDHI NAGAR II STREET,
VAZHUTHACAUD, THIRUVANANTHAPURAM - 695 014.
3 PROJECT ENGINEER, PRATHEEKSHA BUS SHELTERS
KERALA LIMITED, GNA NO.215,T.C.101, 102,
SAROJINI GANDHI NAGAR II STREET,
VAZHUTHACAUD, THIRUVANANTHAPURAM - 695 014.
4 MADHU MATHI, FORMER MANAGING DIRECTOR,
PRATHEEKSHA BUS SHELTERS KERALA LIMITED,
NOW WORKING AS CHIEF ENGINEER,
PWD DESIGN WING, PUBLIC OFFICE,
THIRUVANANTHAPURAM - 695 033.
BY SRI AJITH KRISHNAN FOR R1
THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON
18.02.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
RP.144/2021 in WPC.10046/2020
:2 :
ORDER
~~~~~~
Dated this the 18th day of February, 2021
By judgment dated 21.08.2020, this Court disposed
of W.P.(C) No.10046/2020 with the following direction:-
"In the circumstances, the writ petition is
disposed of directing respondents 1, 2, 3 and 5 to pay
the amounts due to the petitioner, if the amount
covered by administrative sanction in respect of the
works undertaken by the petitioner is available. The
first respondent shall intimate the availability or
otherwise of the amounts to the petitioner within a
period of one month. In case such funds are not
available, the petitioner will be at liberty to realise the
same in accordance with the remedies available to
him."
2. The review petition has been filed by respondents 1
and 5 in the writ petition stating that the work in question was
carried out through the implementing agencies, including
respective Panchayats and the 2nd respondent-Pratheeksha
Bus Shelters Kerala Limited. The direction given in the writ
petition would cause administrative difficulties inasmuch as it
will be improper for the District Collector to make any payment
RP.144/2021 in WPC.10046/2020
to the writ petitioner directly. The amounts due to the writ
petitioner, if any, can be paid only through the implementing
agencies.
3. According to the learned Government Pleader, the
respective Panchayats and the 2nd respondent-Pratheeksha
Bus Shelters Kerala Limited are the implementing agencies in
respect of the work. It is admitted by either side that the
Pratheeksha Bus Shelters Kerala Limited is under the process
of winding up and it is being taken over by the Public Works
Department, Government of Kerala.
4. In view of the peculiar situation in respect of the 2nd
respondent-Pratheeksha Bus Shelters Kerala Limited, this
Court is of the definite opinion that as the said Company is
being taken over by the Government of Kerala, the review
petitioner can make the payment through the respective
Panchayats. The District Collector can make the payment
through the respective Panchayats, without including the 2nd
respondent-Pratheeksha Bus Shelters Kerala Limited, which is
under the process of winding up.
RP.144/2021 in WPC.10046/2020
In the circumstances, the review petition is
disposed of modifying the judgment dated 21.08.2020 and
directing the 1st review petitioner-District Collector to make
payment to the Panchayats-implementing agencies, with a
further direction to the Secretaries to the Panchayats
concerned to effect payment to the petitioner expeditiously,
without further delay.
Sd/-
N. NAGARESH, JUDGE
aks/18.02.2021
RP.144/2021 in WPC.10046/2020
APPENDIX
PETITIONERS' EXHIBITS:
ANNEXURE I TRUE COPY OF ADMINISTRATIVE SANCTIONS
(AS) GIVEN BY THE DISTRICT COLLECTOR TO
THE PANCHAYAT SECRETARIES AS PER ORDER
NO.DCEKM/7571/2017/F4 DATED 31.10.2019.
ANNEXURE II TRUE COPY OF THE ORDER G.O.(MS)
NO.35/2019/PWD DATED 11.7.2019.
ANNEXURE III TRUE COPY OF THE LETTER
NO.DCEKM/7571/2017-F-4 DATED 20.6.2018.
ANNEXURE IV TRUE COPY OF THE ENDORSEMENT OF THE
POSTAL DEPARTMENT
ANNEXURE V TRUE COPY OF THE STATEMENT FORWARDED BY
THE 4TH RESPONDENT, THE EX-MANAGING
DIRECTOR OF PBSK LTD.
ANNEXURE VI TRUE PHOTOCOPY OF THE PRINT OUT OF
COMPANY MASTER DATA OBTAINED FROM ROC ON
14.1.2021.
ncd
