Wilson T.V vs The District Collector
2021 Latest Caselaw 8546 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                 THE HONOURABLE SMT. JUSTICE P.V.ASHA

     MONDAY, THE 15TH DAY OF MARCH 2021 / 24TH PHALGUNA, 1942

                       WP(C).No.4675 OF 2021(H)


PETITIONER:

               WILSON T.V.,
               AGED 55 YEARS,
               S/O.PAILY, CONVENER,
               THACHETTU HOUSE,
               KOKKAPPILLY P.O, THIRUVANIYOOR, ERNAKULAM.

               BY ADV. SRI.BIJU.C. ABRAHAM

RESPONDENTS:

      1        THE DISTRICT COLLECTOR,
               COLLECTORATE, KAKKADNAD,
               ERNAKULAM - 682 030.

      2        THE ASSISTANT EXECUTIVE ENGINEER,
               LSGD, SUB DIVISION VADAVUKOD BLOCK PANCHAYAT,
               KOLLENCHERRY - 682 354.

      3        THE ASSISTANT ENGINEER,
               LSGD, SUB DIVISION VADAVUKOD BLOCK PANCHAYAT,
               KOLLENCHERRY - 682 354.

               BY ADV. SMT.PRINCY XAVIER, GOVERNMENT PLEADER

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION          ON
15.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.4675 OF 2021(H)

                                   2




                               JUDGMENT

The petitioner was the convener for

undertaking the repair work of Thiruvaniyoor -

Vandipetta road. The work was undertaken from

the flood relief fund and agreement was

executed on 12.02.2014.

2. Petitioner submits that he raised the

funds for the same with much difficulty and

completed the work of tarring in 2014 itself.

Though all the particulars for payment of the

bills were submitted before the Assistant

Executive Engineer and the Assistant Executive

Engineer had taken up the matter with the

District Collector, not a single paise is

disbursed to him so far. It is stated that the

administrative sanction for the work was for

Rs.5.5 lakhs, based on which Ext.P1 agreement

was executed. It is stated that as per Ext.P3 WP(C).No.4675 OF 2021(H)

letter, the Assistant Executive Engineer had

addressed the District Collector pursuant to

Ext.P2 representation submitted by petitioner

on 10.10.2018.

In the above circumstances, there

shall be a direction to the 1st respondent to

take expeditious action on Ext.P3 letter for

disbursement of the amount due to petitioner,

who had undertaken the work for the public for

the repair and restoration of Vandipetta -

Chemmanadu road, which was severely affected

by the flood. Appropriate action shall be

taken for disbursement of the amount, within a

period of two months from the date of receipt

of a copy of the judgment.

             Accordingly,       the   writ    petition     is

    disposed of.                                 Sd/-

                                               P.V.ASHA
                                                 JUDGE
    ww
 WP(C).No.4675 OF 2021(H)




                           APPENDIX
PETITIONER'S EXHIBITS:

EXHIBIT P1           TRUE COPY OF THE AGREEMENT BEARING NO.55/

AEE/VBP/13-14 DATED 12/2/2014 EXECUTED BETWEEN THE PETITIONER AND 2ND RESPONDENT.

EXHIBIT P2 TRUE COPY OF SUCH REPRESENTATION DATED 10/10/2018 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.

EXHIBIT P3 TRUE COPY OF THE LETTER DATED 25/11/2018 SUBMITTED BY THE 2ND RESPONDENT BEFORE THE 1ST RESPONDENT.