Mushthak.M.P vs Vattamkulam Grama Panchayat
2021 Latest Caselaw 1337 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                 THE HONOURABLE SMT. JUSTICE P.V.ASHA

   WEDNESDAY, THE 13TH DAY OF JANUARY 2021 / 23TH POUSHA, 1942

                      WP(C).No.21034 OF 2020(D)


PETITIONER:

               MUSHTHAK.M.P
               AGED 42 YEARS
               S/O.M.P.HASSAN, MUKKILEPEEDIKAYIL HOUSE,
               P.O.SHUKAPURAM, EDAPPAL, MALAPPURAM DISTRICT,
               PIN-679 576.

               BY ADVS.
               SRI.SANTHEEP ANKARATH
               SMT.C.K.SHERIN

RESPONDENTS:

      1        VATTAMKULAM GRAMA PANCHAYAT
               REPRESENTED BY ITS SECRETARY,
               P.O.VATTAMKULAM, MALAPPURAM DISTRICT, PIN-679 578.

      2        SECRETARY, VATTAMKULAM GRAMA PANCHAYAT,
               P.O.VATTAMKULAM, MALAPPURAM DISTRICT, PIN-679 578.

      3        ASSISTANT ENGINEER,
               LOCAL SELF GOVERNMENT DEPARTMENT,
               VATTAMKULAM GRAMA PANCHAYAT, P.O.VATTAMKULAM,
               MALAPPURAM DISTRICT, PIN-679 578.

      4        DISTRICT COLLECTOR,
               CIVIL STATION, MALAPPURAM-676 505.

      ADDL.    CHIEF ENGINEER, LSGD, THIRUVANANTHAPURAM
      R5
               (ADDL.R5 IS SUO MOTU IMPLEADED AS PER ORDER DATED
               13.01.2021)

               BY ADV. SRI.C.V.MANUVILSAN

OTHER PRESENT:

               SMT.VINITHA.B, GP

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
13.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.21034 OF 2020(D)

                                         2




                               J U D G M E N T

Petitioner filed this writ petition claiming

that he had completed the work in the year 2018

after executing Ext.P2 agreement dated 13.12.2017,

based on the work awarded to him as per Ext.P1 and

that payment is not made so far. Initially the

complaint was against the Panchayath.

2. Shri. Manuvilson, the learned Standing

Counsel for the Panchayath pointed out that there is

a provision for arbitration in case there is any

dispute.

3. Learned Government Pleader, who supported

this, pointed out that there were several defects in

the work carried out by the petitioner and on

account of this the bill has to be rectified several

times and finally it has now reached the Chief

Engineer, LSGD, who has to get allotment of funds

from the Finance Department. It is stated that the WP(C).No.21034 OF 2020(D)

question of payment will come after allotment is

sanctioned by the Government. According to the

learned Government Pleader the delay occurred at the

instance of the petitioner as the work was carried

out by him in deviation of the contract executed.

At any rate since as at present the defects are

stated to have been rectified by all concerned,

there shall be a direction to the addl.5 th respondent

to take expeditious steps for allotment of funds and

thereafter for the payment towards the work carried

out by the petitioner at the earliest, within a

period of 'three months' from the date of receipt of

a copy of the judgment.

The writ petition is disposed of accordingly.

Sd/-

P.V.ASHA, JUDGE AS WP(C).No.21034 OF 2020(D)

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF INTIMATION DATED 15.12.2017 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER.

EXHIBIT P2 TRUE COPY OF THE AGREEMENT ENTERED INTO BETWEEN THE PETITIONER AND THE 1ST RESPONDENT DATED 30.12.2017.

EXHIBIT P3 TRUE COPY OF THE CERTIFICATE DATED 05.09.2019 ISSUED BY THE 3RD RESPONDENT.

EXHIBIT P4 TRUE COPY OF THE REPLY ISSUED TO THE PETITIONER BY THE 2ND RESPONDENT AND DATED 24.06.2019.

EXHIBIT P5 TRUE COPY OF LETTER DATED 28.08.2019 ISSUED BY DEPUTY DIRECTOR OF PANCHAYAT.

EXHIBIT P6 TRUE COPY OF LETTER DATED 05.10.2019 ISSUED BY DEPUTY CHIEF ENGINEER ON BEHALF OF THE CHIEF ENGINEER TO THE PETITIONER.

EXHIBIT P7 TRUE COPY OF THE QUESTIONNAIRE SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT DATED 05.12.2019.

EXHIBIT P8 TRUE COPY OF REPLY DATED 09.12.2019 FROM THE OFFICE OF THE 4TH RESPONDENT TO THE PETITIONER.

EXHIBIT P9 TRUE COPY OF THE QUESTIONNAIRE DATED 05.12.2019 SUBMITTED BY THE PETITIONER BEFORE THE DEPUTY DIRECTOR OF PANCHAYAT UNDER RIGHT TO INFORMATION ACT.

EXHIBIT P10 TRUE COPY OF THE REPLY DATED 10.12.2019 ISSUED FROM THE OFFICE OF THE DEPUTY DIRECTOR OF PANCHAYAT TO THE PETITIONER.

WP(C).No.21034 OF 2020(D)

EXHIBIT P11 TRUE COPY OF QUESTIONNAIRE DATED 16.11.2019 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.

EXHIBIT P12 TRUE COPY OF THE REPLY DATED 11.12.2019 ISSUED BY THE 2ND RESPONDENT.

EXHIBIT P13 TRUE COPY OF LETTER DATED 24.10.2019 FROM THE EXECUTIVE ENGINEER TO THE 2ND RESPONDENT.

EXHIBIT P14 TRUE COPY OF LETTER DATED 12.03.2020 ISSUED BY THE CHIEF ENGINEER TO THE EXECUTIVE ENGINEER.

EXHIBIT P15 TRUE COPY OF LETTER DATED 01.07.2020 ISSUED BY THE EXECUTIVE ENGINEER TO THE PETITIONER.

EXHIBIT P16 PHOTOGRAPHS (2 NOS.) SHOWING THE COMPLETED SITE OF THE WORK.