Kerala High Court
Mon Joseph vs State Of Kerala on 5 October, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
TUESDAY, THE 5TH DAY OF OCTOBER 2021 / 13TH ASWINA, 1943
WP(C) NO. 8286 OF 2021
PETITIONER:
MON JOSEPH
AGED 49 YEARS
S/O. U. E. UTHUPPAN (LATE) OTTATHYCAL HOUSE,
NELLICKAMON P. O., RANNI, PATHANAMTHITTA - 689 674.
BY ADVS.
J.JULIAN XAVIER
SRI.FIROZ K.ROBIN
SRI.ROY JOSEPH
SRI.JOSE. V.V. (THENGATHARA)
SMT.ANIES MATHEW
SRI.E.HARIDAS
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY, FINANCE (F) DEPARTMENT,
SECRETARIAT, GOVT. PRESS P. O., THIRUVANANTHAPURAM -
695 001.
2 EXECUTIVE ENGINEER
MINOR IRRIGATION DIVISION, OFFICE OF MINOR IRRIGATION
DIVISION, MINI CIVIL STATION, THIRUNNAKKARA, KOTTAYAM
P. O., PIN - 686001.
3 ASSISTANT EXECUTIVE ENGINEER
IRRIGATION SUB DIVISION OFFICE, MINI CIVIL STATION,
THIRUNNAKKARA, KOTTAYAM P. O., PIN - 686001.
4 ASSISTANT ENGINEER
MINOR IRRIGATION SECTION, OFFICE OF THE MINOR
IRRIGATION SECTION, COLLECTORATE, KOTTAYAM P. O., PIN -
686001.
5 KOTTAYAM MUNICIPALITY
REPRESENTED BY ITS SECRETARY, MUNICIPAL OFFICE, YMCA
ROAD, KOTTAYAM P. O., PIN - 686001.
WP(C) NO. 8286 OF 2021
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6 CHAIRPERSON
KOTTAYAM MUNICIPALITY, MUNICIPAL OFFICE, YMCA ROAD,
KOTTAYAM P. O., PIN - 686001.
ADDL.R7 THE SECRETARY,
LOCAL SELF GOVERNMENT DEPARTMENT, GOVERNMENT OF KERALA,
THIRUVANANTHAPURAM, IS SUO MOTU IMPLEADED AS PER ORDER
DATED 03-09-2021 IN WP(C)
ADDL.R8 THE SECRETARY TO GOVERNMENT, DEPARTMENT OF FINANCE,
GOVERNMENT OF KERALA, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM IS SUO MOTU IMPLEADED AS PER ORDER
DATED 05.10.2021 IN WP(C)
BY ADVS.
VINITHA B,SR GP
SHRI.SIBY CHENAPPADY, SC, KOTTAYAM MUNICIPALITY
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.10.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 8286 OF 2021
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W.P.(C) No.8286 of 2021
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JUDGMENT
The Government allotted funds to the fifth respondent
Municipality in terms of Ext.R5(a) order for executing a few works in
connection with the 2018 flood. Pursuant to the said order, the fifth
respondent has identified the works to be executed and entered into an
agreement with the second respondent, the Executive Engineer of the
Minor Irrigation Department for executing the same. Ext.P3 is the
agreement entered into by the fifth respondent with the second
respondent. In furtherance to Ext.P3 agreement, the second respondent
invited bids from contractors and awarded the works. The petitioner who
is a contractor was awarded one of the works by the second respondent
on the basis of Ext.P3 agreement. Though the petitioner has executed
the work satisfactorily, the amounts due to him have not been disbursed
by the second respondent, as the fifth respondent has not made
available the funds for the said purpose. The petitioner, therefore, seeks
directions to respondents 2 and 5 to disburse the amounts due to him in
respect of the work executed by him.
2. A counter affidavit has been filed by the fifth respondent
stating, among others, that though a bill was raised by the fifth
WP(C) NO. 8286 OF 2021
respondent on 13.03.2020 itself to the District Treasury, Kottayam for
transferring the necessary funds to the second respondent for effecting
the payments due to the contractors, the same was not honoured by the
Treasury before the end of the financial year. It is also stated by the fifth
respondent in the counter affidavit that since the allotment of funds in
favour of the fifth respondent is not reflected in the portal "SANKHYA"
used for transferring the funds by the local bodies, the fifth respondent
could not raise the bills for transferring the amounts due to the second
respondent during the subsequent financial year also.
3. Heard the learned counsel for the petitioner, the learned
Government Pleader as also the learned Standing Counsel for the fifth
respondent.
4. Insofar as the petitioner has executed the work awarded
to him satisfactorily, he has to be paid the amounts due in respect of the
work. Going by the stand taken by the fifth respondent in the counter
affidavit, it is seen that the issue raised by the fifth respondent is one to
be tackled by the Government.
In the said view of the matter, I deem it appropriate to dispose
of the writ petition directing the additional eighth respondent to look into
the issue raised by the fifth respondent and take appropriate action so
as to enable the fifth respondent to raise appropriate bill before the
District Treasury and transfer the funds required for disbursing the
WP(C) NO. 8286 OF 2021
amounts due to the petitioner and other contractors to the second
respondent. Ordered accordingly. This shall be done within one month.
Needless to say that the amounts payable to the petitioner shall be
disbursed immediately thereafter.
Sd/-
P.B.SURESH KUMAR
JUDGE
Mn
WP(C) NO. 8286 OF 2021
APPENDIX OF WP(C) 8286/2021
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE DECISION NO.57 DATED
21.12.2019 SIGNED BY THE 6TH RESPONDENT.
EXHIBIT P2 TRUE COPY OF THE LETTER DATED 11.03.2020
ISSUED BY THE 5TH RESPONDENT TO THE 2ND
RESPONDENT.
EXHIBIT P3 TRUE COPY OF THE AGREEMENT NO.3/2020 DATED
11.03.2020, SIGNED ON 12.03.2020.
EXHIBIT P4 TRUE COPY OF THE NOTICE INVITING TENDER DATED
27.04.2020 PUBLISHED BY THE 2ND RESPONDENT.
EXHIBIT P5 TRUE COPY OF THE LETTER DATED 12.05.2020
ISSUED BY THE 2ND RESPONDENT AWARDING THE
TENDER TO THE PETITIONER.
EXHIBIT P6 TRUE COPY OF THE AGREEMENT NO.26/EE/2020-21
DATED 29.05.2020.
EXHIBIT P7 TRUE COPY OF THE RUNNING ACCOUNT BILL
SUBMITTED BY THE PETITIONER BEFORE THE 2ND
RESPONDENT.
