K.Ravindran vs Government Of Kerala Represented ...
2021 Latest Caselaw 6806 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                 THE HONOURABLE MR.JUSTICE N.NAGARESH

     FRIDAY, THE 26TH DAY OF FEBRUARY 2021/7TH PHALGUNA, 1942

                      WP(C).No.35196 OF 2015(Y)


PETITIONER:

               K.RAVINDRAN, S/O.LATE KRISHNAN NAIR,
               AGED 38 YEARS, KUNHIKKARA HOUSE, CHERKALA,
               CHENGALA P.O., KASARAGOD DISTRICT,PIN 671 541.

               BY ADVS.
               SRI.BABU JOSEPH KURUVATHAZHA
               SRI.P.T.ABHILASH

RESPONDENTS:

      1        GOVERNMENT OF KERALA REPRESENTED BY
               ITS SECRETARY, DEPARTMENT OF LOCAL SELF
               GOVERNMENT, GFOVERNMENT SECRETARIAT,
               THIRUVANANTHAPURAM 695 001.

      2        DISTRICT COLLECTOR, COLLECTORATE,
               CIVIL STATION, KASARAGOD 671 123.

      3        CHENGALA GRAMA PANCHAYAT, CHENGALA P.O.,
               KASARAGOD DISTRICT,PIN 671 541,
               REPRESENTED BY ITS SECRETARY

      4        ASSISTANT EXECUTIVE ENGINEEER,
               LSGD SUB DIVISION, KASARAGOD,PIN 671 121.

      5        DISTRICT LEGAL SERVICES AUTHORITY,
               DISTRICT COURT COMPLEX, KASARAGOD,PIN 671 123.

               R1-R2 BY GOVERNMENT PLEADER SMT. DEEPA NARAYANAN

     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD         ON
26.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C)No.35196/2015

                                  2




                            JUDGMENT

Dated this the 26th day of February, 2021

The petitioner who is Convener of a Beneficiary

Committee, approached this Court seeking to direct

respondents 1 to 4 to disburse the amount covered by

Ext.P4 bill to the petitioner forthwith, with interest at

minimum treasury rate with effect from 11.05.2011.

2. The petitioner would state that the work

entrusted to him was satisfactorily completed through the

Beneficiary Committee. From the pleadings and arguments

made at the Bar, it is evident that the work was completed

on 10.05.2011. The administrative sanction for the work

was issued only in 2014. It is for the reason that the

petitioner has satisfactorily completed the work even before

administrative sanction was given for the work, that the

respondents have taken objection. Completion of work by

the petitioner was inspected and certified in the year 2015 WP(C)No.35196/2015

and the respondents had found some defects in the work.

However by that time the defect liability period was over. It

was under such circumstances, the payment to the

petitioner was withheld.

3. I have heard the learned counsel for the

petitioner and the learned Government Pleader for the

respondents.

4. When this writ petition came up for hearing

today, the learned Government Pleader made available an

order dated 11.12.2014 issued by the District Collector,

Kasaragod. The decision of the District Collector is that

there is no objection for the payment of final bill amount to

the Beneficiary Committee without interest.

5. In the order dated 11.12.2014, the District

Collector has stated that the work was completed even

before administrative sanction was granted and the

concerned Panchayat Secretary is being proceeded against

for permitting such work without administrative sanction. WP(C)No.35196/2015

The Government has considered the entire issue and in the

facts of the case, has decided that the amount can be paid

to Convener of the Beneficiary Committee.

6. In the circumstances, I find that this writ petition

can be disposed of directing the respondents to disburse

the amount due to the petitioner under Ext.P4 bill without

interest within a period of six weeks.

It is made clear that the petitioner will be at liberty to

approach the competent forum if he has any claim for

interest. Any observation made in this judgment should not

be treated as pronouncement on merits, on the claim of the

petitioner for interest.

Sd/-

N. NAGARESH JUDGE ncd/26.02.2021 WP(C)No.35196/2015

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE PROCEEDING DATED 20/12/2010 OF THE 4TH RESPONDENT

EXHIBIT P2 TRUE COPY OF THE DETAILED ESTIMATE PREPARED BY THE ASSISTANT ENGINEER, LSGSD,CHENGALA SECTGION ATTACHED TO THE 3RD RESPONDENT PANCHAYAT.

EXHIBIT P3 TRUE COPY OF THE AGREEMENT NO.14//2010-

11 DATED 23//12/2010 EXECUTED BETWEEEN THE PETITIONER AND 3RD RESPONDENT

EXHIBIT P4 TRUE COPY OF THE BILL PREPARED BY THE ASSISTANT ENGINEER UNDER THE 3RD RESPONDENT AND SIGNED BY THE ASSISTANT ENGINEEER AS WELL AS THE 3RD RESPONDENT DATED 11/5/2011

EXHIBIT P5 TRUE COPY OF THE LETTER DATED 16/9/2011 OF THE 3RD RESPONDENT FORWARDED TO THE 2ND RESPONDENT

EXHIBIT P6 TRUE COPY OF THE LETTER DATED 21//10//2011 OF THE 4TH RESPONDENT FORWARDED TO THE ASSISTANT DEVELOPOMENT COMMISSIONER KASARAGOD.

EXHIBIT P7           TRUE COPY OF PROCEEDINGS DATED 9/11/2010
                     OF     THE     ASSISTANT     DEVELOPMENT

COMMISSIONER, KASARAGOD FORWARDED TO THE 3RD RESPONDENT

EXHIBIT P7(a) TRUE COPY OF THE PROCEEDING DATED 9/10/2012 OF THE 2ND RESPONDENT FORWARDED TO THE PRINCIPAL SECRETARY, FINANCE DEPARTMENT

EXHIBIT P8 TRUE COPY OF THE LETTER DATED 22/10/2011 ISSUED BY THE ASSISTANT DEVELOPOMENT COMMISSIONER (GENERAL), KASARAGOD TO THE WP(C)No.35196/2015

PETITIONER

EXHIBIT P9 TRUE COPY OF THE LETTER DATED 8/12/2011 OF THE 2ND RESPONDENT FORARDED TO THE PRINCIPAL SECRETARY, FINANCE DEPARTMENT

EXHIBIT P10 TRUE COPY OF THE LETTER DATED 7/8/2013 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER

EXHIBIT P11 TRUE COPOY OF THE PROCEEDING DATED 13/111/2014 OF THE ADDITIONAL CHIEF SECRETARY(FINANCE) FORWARDED TO THE 2ND RESPONDENT

EXHIBIT P12 TRUE COPY OF THE ORDER DATED IN LA NO.240/2014 OF THE 5TH RESPONDENT

EXHIBIT P13 TRUE COPY OF GO(MS) NO.73/2013/PWD DATED 31/8/20131 OF THE GOVERNMENT

EXHIBIT P14 TRUE COPY OF THE RELEVANT PORTION OF GUARATNEE PERIOD OF WORKS WITH EFFECT FROM 3/7/1992 AS PER GO(MS) NO.96/92/PW &T DATED 21/11/1992 ISSUED BY THE GOVERNMENT

EXHIBIT P15 TRUE COPY OF THE REPRESENTATION DATED 14.08.2011 SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENTS 2 TO 4.

EXHIBIT P16 TRUE COPY OF THE REPRESENTATION DATED 10.09.2015 SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENTS 2 TO 4.