Shameer M vs The District Collector
2021 Latest Caselaw 2227 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

          THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR

   WEDNESDAY, THE 20TH DAY OF JANUARY 2021 / 30TH POUSHA, 1942

                       WP(C).No.27302 OF 2020(K)


PETITIONER/S:

                SHAMEER M
                AGED 40 YEARS
                S/O. ABOOBACKER SIDDIQ, MUTHARUTHODI HOUSE,
                VADANAMKURUSSI, SHORNUR P.O., PALAKKAD DISTRICT-679
                121

                BY ADVS.
                SRI.ABDUL JAWAD K.
                SRI.ABDUL MAJEED.N
                SMT.A.GRANCY JOSE

RESPONDENT/S:

      1         THE DISTRICT COLLECTOR
                COLLECTORATE, PALAKKAD-678 001

      2         THE SUPERINTENDENT,
                DISTRICT HOSPITAL, PALAKKAD-678 001

      3         THE PALAKKAD MUNICIPALITY,
                REPRESENTED BY ITS SECRETARY, PALAKKAD-678 003

      4         THE DISTRICT PANCHAYAT,
                PALAKKAD, REPRESENTED BY ITS SECRETARY, PALAKKAD-678
                001

                R3 BY ADV. SHRI.BINOY VASUDEVAN, SC, PALAKKAD
                MUNICIPALITY
                R4 BY SHRI.P.K.NIJOY, SC, PALAKKAD DISTRICT PANCHAYAT

OTHER PRESENT:

                GP PAUL ABRAHAM VAKKANAL

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
20.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.27302 OF 2020(K)

                                      2



                                   JUDGMENT

The petitioner who is stated to be engaged in the business of the

supplying drinking water as per demand in and around Palakkad district, has

approached this Court aggrieved by the inaction on the part of the

respondents in honoring the bills furnished by the petitioner to them for the

supply of drinking water in an emergent situation where patients in the

District Hospital Palakkad, who were under going dialysis, has to be supplied

with water, and there was a shortage noticed by the district administration.

2. In the writ petition, the petitioner produces Ext.P3 bill that was

submitted by him to the respondents and also produces as Exts.P4 and P6,

the recommendations by the District Collector as well as the Superintendents

of the District Hospital for effecting the payment due to the petitioner. It is

stated that while there is no dispute with regard to the amounts to be paid to

the petitioner, differences have arisen between the 1st respondent on the one

hand and the 4th respondent on the other, as to who should bear the amounts

admittedly payable to the petitioner.

3. In my view, the respondents are obliged to act fairly in the matter of

effecting payments to persons who have rendered service to the District

Administration during an emergency situtation. Since the liability to the

petitioner, in the amount covered by Ext.P3 bill is not disputed, I am of the

view that the ends of justice would be met by directing the 1 st respondent to

effect the payment shown in Ext.P3 bill at first instance and thereafter, to WP(C).No.27302 OF 2020(K)

approach the Government for a decision as regards the proportion in which

the amounts covered by Ext.P3 bill should be shared between the 1 st and the

4th respondents.

The writ petition is therefore allowed by directing the 1 st respondent to

effect the payment covered by Ext.P3 bill to the petitioner within an outer

time limit of one month from the date of receipt of a copy of this judgment,

leaving it open to the District Collector to approach the Government for a

decision as regards the manner in which the respondents should ultimately

bear the liabitity covered by Ext.P3 bill submitted by the petitioner.

The Writ petition is disposed as above.

Sd/-

A.K.JAYASANKARAN NAMBIAR JUDGE

SJ WP(C).No.27302 OF 2020(K)

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE AGREEMENT DATED 06.03.2019 BY THE PETITIONER AND THE 3RD RESPONDENT

EXHIBIT P2 TRUE COPY OF THE CERTIFICATE DATED NIL ISSUED BY THE 2ND RESPONDENT TESTIFYING THE SUPPLY OF WATER AND ITS QUANTITY

EXHIBIT P3 TRUE COPY OF THE BILL DATED 22.11.2019 SUBMITTED BY THE PETITIONER IN THE NAME OF HIS CONCERN NAMELY JAS TRANSPORTERS

EXHIBIT P4 TRUE COPY OF THE LETTER OF THE 2ND RESPONDENT DATED 15.02.2020

EXHIBIT P5 TRUE COPY OF THE LETTER OF THE 3RD RESPONDENT DATED 17.09.2020

EXHIBIT P6 TRUE COPY OF THE LETTER OF THE 1ST RESPONDENT DATED 18.01.2020 ADDRESS TO THE 4TH RESPONDENT