Sabu C vs The Chenkal Grama Panchayath
2021 Latest Caselaw 17892 Ker

WP(C) NO. 13879 OF 2021               1



                    IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                    PRESENT
                 THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
      WEDNESDAY, THE 1ST DAY OF SEPTEMBER 2021 / 10TH BHADRA, 1943
                             WP(C) NO. 13879 OF 2021
PETITIONER/S:

               SABU C
               AGED 45 YEARS
               GOVT.CONTRACT,
               POONTHOTTAM PUTHEN VEEDU, CHENKAL P.O., AMARAVILA,
               NEYYATTINKARA, THIRUVANANTHAPURAM

               BY ADV AJITH KRISHNAN



RESPONDENT/S:

      1        THE CHENKAL GRAMA PANCHAYATH
               REPRESENTED BY ITS SECRETARY, CHENKAL P.O., AMARAVILA,
               NEYYATTINKARA, THIRUVANANTHAPURAM-695 023

      2        THE ASSISTANT ENGINEER,
               LOCAL SELF GOVERNMENT DEPARTMENT, CHENKAL GRAMA
               PANCHAYATH, CHENKAL P.O., AMARAVILA, NEYYATTINKARA,
               THIRUVANANTHAPURAM-695 023

      3        THE ASSISTANT EXECUTIVE ENGINEER,
               LOCAL SELF GOVERNMENT DEPARTMENT, SUB DIVISION,
               PARASSALA, PARASSALA P.O., NEYYATTINKARA,
               THIRUVANANTHAPURAM

      4        THE DEPUTY DIRECTOR,
               OFFICE OF THE DEPUTY DIRECTOR OF PANCHAYATH, LOCAL SELF
               GOVERNMENT DEPARTMENT, THIRUVANANTHAPURAM-695 033

               BY ADVS.
               R.T.PRADEEP
               M.BINDUDAS


OTHER PRESENT:
           SMT.RASHMI.K.M, SR.GP

      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
01.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 13879 OF 2021              2




                       P.V.KUNHIKRISHNAN, J
                 --------------------------------------------
                     W.P.(C.) No.13879 of 2021
                    --------------------------------------
             Dated this the 1st day of September, 2021


                                JUDGMENT

The above writ petition is filed with following prayers :

(i) Issue a writ of mandamus or any other appropriate writ, order or direction, commanding the respondents to disburse the bill amount of Rs.10,94,512/- (Rupees ten lakhs ninety four thousand five hundred and twelve only) to the petitioner with respect to the 4 works (1) Chenkal GP 2018-2019 Mullukada Charode Road Concrete, (2) Chenkal GP 2018-19 Periya Veedu Kannyakavu Road, Re-tarring (3) Chenkal GP 2018-2019 Old Age Home Karumamkottakulam Road Concrete, (4) Chenkal GP 2018- 19 SNDP Plavilamoola Road Metalling and Tarring (Pro No.101/18-19) forthwith.

(ii) Issue a writ of mandamus or such other writ or order or direction commanding the respondents to pay the interest at the rate of 18% on the amount due to the petitioner forthwith.

(iii) Such issue such other reliefs as this Hon'ble Court may deem fit and proper in the interest of justice."

2. There is no dispute about the amount to be paid to

the petitioner. According to the counsel for the Panchayat,

there is no fund available in the Panchayat and that is why the

delay in paying the amount. The counsel submitted that, as far

as a portion of the bill is concerned, sanction is already granted

and the amount will be credited to the petitioner immediately.

The learned Standing Counsel submitted that there are several

others similarly situated to the petitioner, who are waiting for

getting the amount. The Panchayat is adopting a policy of

paying the bill amount on priority basis. The petitioner will be

paid the entire amount due to the petitioner on or before

31.3.2022 in two instalments.

3. Admittedly, the petitioner completed the work. He is

entitled the amount due to him. He cannot wait indefinitely. But

considering the fact that there is financial stringency, I direct

the 1st respondent to pay the entire balance amount on or

before 31.1.2022.

With the above observation, this writ petition is disposed

of.

Sd/-

P.V.KUNHIKRISHNAN JUDGE SKS

APPENDIX OF WP(C) 13879/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE RELEVANT PAGE OF THE AGREEMENT NO.86/AE/LSGD/CHL/18-19 DATED 29.10.2018

Exhibit P2 TRUE COPY OF THE RELEVANT PAGES OF THE FIRST AND FINAL BILL SUBMITTED BY THE PETITIONER FOR THE 1ST WORK

Exhibit P3 TRUE COPY OF THE RELEVANT PAGE OF THE AGREEMENT NO.51/AE/LSGD/CHL/2018-19 DATED 18.9.2018

Exhibit P4 TRUE COPY OF THE RELEVANT PAGE OF THE FIRST AND FINAL BILL SUBMITTED BY THE PETITIONER FOR THE 2ND WORK

Exhibit P5 TRUE COPY OF THE RELEVANT PAGE OF THE AGREEMENT NO.89/AE/LSGD/CHL/2018-19 DATED 29.10.2018

Exhibit P6 TRUE COPY OF THE RELEVANT PAGES OF THE FIRST AND FINAL BILL SUBMITTED BY THE PETITIONER FOR THE 3RD WORK

Exhibit P7 TRUE COPY OF THE RELEVANT PAGE OF THE AGREEMENT NO.120/AE/LSGD/CHL/2018-19 DATED 6.12.2018

Exhibit P8 TRUE COPY OF THE RELEVANT PAGES OF THE RUNNING ACCOUNT BILL SUBMITTED BY THE PETITIONER

Exhibit P9 TRUE COPY OF THE REPRESENTATION DATED 5.5.2021 SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENTS