Ajithkumar R vs Principal Secretary
2021 Latest Caselaw 18688 Ker

         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                         PRESENT
           THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY, THE 9TH DAY OF SEPTEMBER 2021/18TH BHADRA, 1943
                  WP(C) NO. 198 OF 2019
PETITIONERS:

    1    AJITHKUMAR R.,
         AGED 46 YEARS,
         S/O. RETNAKARAN, KEDHARAM, PANANINNA,
         KANJIRAMKULAM P.O,
         THIRUVANANTHAPURAM-695 524
    2    P. SELVARAJ,
         SANDEEP BHAVAN,
         THANPONNANKALA,
         KANJIRAMKULAM P.O,
         THIRUVANANTHAPURAM-695 524
    3    RETNADAS,
         PULININNA PUTHENVEEDU,
         THADATHIKULAM, KANJIRAMKULAM P.O,
         THIRUVANANTHAPURAM-695 524
    4    ANPU GEORGE,
         THAPOVANAM, KANJIRAMKULAM P.O,
         THIRUVANANTHAPURAM-695 524
    5    SANTHOSH KUMAR,
         SIVASADANAM, PALLIKKARA, KAZHIVOOR P.O,
         THIRUVANANTHAPURAM-695 521
    6    SUGANDHI T.,
         KUZHIKKANAM VADAKKARIKU PUTHENVEEDU,
         NELLIKKAKUZHY, KANJIRAMKULAM P.O,
         THIRUVANANTHAPURAM-695 524
    7    R. SREEDHARAN,
         MOTTANAVILA VEEDU, PULLUVILA,
         PULLUVILA P.O, THIRUVANANTHAPURAM-695 526
    8    BRIJI SIMON J.S.,
         S.B. NIVAS, PLAVUNINNA, NELLIKKAKUZHI,
         KANJIRAMKULAM P.O, THIRUVANANTHAPURAM-695 524
    9    JAYARAJAN,
         THAZHANINNA KAKKATHOTTAM VEEDU, PULLUVILA P.O,
         THIRUVANANTHAPURAM-695 526
   10    DILEEP KUMAR,
         MUDAYANVILAKOM, KARICHAL, PULLUVILA P.O,
         THIRUVANANTHAPURAM-695 526
   11    SHAJI J,
         GRACE, VALIYAVILA,
         KANJIRAMKULAM P.O,
         THIRUVANANTHAPURAM-695 524
 WP(C).No.198/2019

                               2

       12    AJITHARANI B.,
             THANPONNANKALA, MAVILA,
             KANJIRAMKULAM P.O.,
             THIRUVANANTHAPURAM-695 524
       13    KUMARADAS L.,
             VENKULATHUVILA, KANJIRAMKULAM P.O,
             THIRUVANANTHAPURAM-695 524
       14    NESAN M.,
             SINI NIVAS, VENKULAM, NELLIMOODU,
             KANJIRAMKULAM P.O,
             THIRUVANANTHAPURAM-695 524
       15    SHEEBA,
             PULIYADICHANVILA, KANJIRAMKULAM P.O,
             THIRUVANANTHAPURAM-695 524
       16    CHRISTUNESAN,
             URAMKORIYITTA VADAKKARIKU VEEDU,
             KANJIRAMKULAM P.O.,
             THIRUVANANTHAPURAM-695 524
       17    SIMON,
             KARUMARAKKALA, CHANI,
             KANJIRAMKULAM P.O,
             THIRUVANANTHAPURAM-695 524
       18    DILEEPKUMAR A.,
             PRANAVAM, MODAYANVILAKOM,
             KARICHAL, PULLUVILA P.O,
             THIRUVANANTHAPURAM-695 526
       19    FRANCIS,
             KALATHANNI VEEDU, CHANI,
             KANJIRAMKULAM P.O,
             THIRUVANANTHAPURAM-695 524
       20    PRASADKUMAR,
             MEDAVILA COLONY, CHANI, KANJIRAMKULAM P.O,
             THIRUVANANTHAPURAM-695 524
       21    SIVARAJAN,
             KAMALA BHAVAN, CHANI, KANJIRAMKULAM P.O,
             THIRUVANANTHAPURAM-695 524
       22    BEENA,
             NELLININNA COLONY,
             PARANIYAM VAZHIMUKKU,
             PARANIYAM P.O, THIRUVANANTHAPURAM-695 027

             BY ADVS.
             SRI.R.T.PRADEEP
             SMT.M.BINDUDAS
             SRI.K.C.HARISH
 WP(C).No.198/2019

                               3



   RESPONDENTS:

       1     PRINCIPAL SECRETARY,
             DEPARTMENT OF LOCAL SELF GOVERNMENT,
             SECRETARIAT, THIRUVANANTHAPURAM-695 001
       2     KANJIRAMKULAM GRAMA PANCHAYATH,
             REPRESENTED BY ITS SECRETARY,
             KANJIRAMKULAM GRAMA PANCHAYATH,
             THIRUVANANTHAPURAM-695 524
       3     SECRETARY,
             KANJIRAMKULAM GRAMA PANCHAYATH,
             THIRUVANANTHAPURAM-695 524
       4     ASSISTANT ENGINEER,
             LSGD SECTION, KANJIRAMKULAM,
             KANJIRAMKULAM GRAMA PANCHAYATH,
             THIRUVANANTHAPURAM-695 524

             BY ADVS.
             R2-4 BY SRI.AYYAPPAN SANKAR
             R2-4 BY SRI.JAYAN JOHN
             R2-4 BY SMT.S.HRIDYA AYYAPPAN
             SRI.VIPIN NARAYANAN, GOVERNMENT PLEADER


        THIS WRIT PETITION (CIVIL) HAVING COME UP      FOR
   ADMISSION ON 09.09.2021, THE COURT ON THE SAME      DAY
   DELIVERED THE FOLLOWING:
 WP(C).No.198/2019

                                   4




                            JUDGMENT

Dated this the 9th day of September, 2021

The petitioners, who are conveners of Beneficiary

Committees, had undertaken contract work of metaling and

tarring of roads of the Kanjiramkulam Grama Panchayat, as

part of yearly project for the financial year 2016-17. They are

before this Court seeking to direct the respondents 2 and 3 to

release the amount forthwith to the petitioners, withheld

towards price of tar in excess of estimated price of tar.

2. In the agreements, estimate was prepared for doing

the tarring work in accordance with DSR specifications and

reckoning the then market price of tar. The Conveners of

Beneficiary Committees were reluctant to do the work in

accordance with the MORD specifications, on account of

increase in the price of tar. The Government of Kerala by a WP(C).No.198/2019

Government Order dated 01.03.2017 directed the Local Self

Government Institutions to purchase tar from own fund of the

Panchayat and reimburse the price of tar from the final bill of

the work, to resolve the dead lock. The work was accordingly

carried out.

3. When the petitioners preferred their bills for the

work done, the same were not honoured. The Kanjiramkulam

Grama Panchayat considered the issue, as is evident from

Ext.P2 minutes. The Panchayat was of the opinion that there

is vagueness in the directions of the Government as to

whether the estimated price of the tar is to be deducted from

the bills of the petitioner or whether the market price is to be

deducted. In Ext.P2, the Grama Panchayat has also noted

that if market price is deducted from the bill amount, it will

cause considerable loss to the Beneficiary Committees. Yet

the Panchayat decided to obtain clarification from the

Government, before settling the Bills.

4. When this writ petition was taken up for hearing

today, the learned Standing Counsel for the 2 nd respondent- WP(C).No.198/2019

Panchayat submitted that the Government has now clarified

the issue and has ordered that the Government Order dated

01.03.2017 has to be strictly followed.

In view of the clarification received from the

Government as above, now the Panchayat has to process the

bills and make payment due to the petitioners in accordance

with the said Government Order. In the circumstances, the

writ petition is disposed of directing the respondents 2 and 3 to

process the bills of the petitioners expeditiously on the basis of

Ext.R2(a) Government Order and Ext.R2(b) Clarifications.

The amount due to the petitioners shall be paid within a period

of 6 months.

Sd/-

N. NAGARESH JUDGE SR WP(C).No.198/2019

APPENDIX OF WP(C) 198/2019

PETITIONERS' EXHIBITS:

EXHIBIT P1 TRUE COPY OF AGREEMENT OF ONE OF THE PETITIONERS DATED 30/01/2017 WITH FINAL BILL AND ESTIMATE OF WORK.

   EXHIBIT P2         TRUE COPY OF THE DECISION NO.1 (K) OF
                      2ND    RESPONDENT   PANCHAYATH    DATED
                      19.7.2017.

   RESPONDENTS' EXHIBITS:

   ANNEXURE R2(a)     TRUE COPY OF THE G.O.(Rt.) No.564/2017
                      LSGD DATED 01.03.2017.
   ANNEXURE R2(b)     TRUE   COPY    OF   THE    COMMUNICATION
                      No.D.A.1/647/2017       LSGD       DATED
                      01.11.2017.