N.Vijaya Raj vs The Chenkal Grama Panchayath
2021 Latest Caselaw 18798 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
           THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
   THURSDAY, THE 9TH DAY OF SEPTEMBER 2021 / 18TH BHADRA, 1943
                    WP(C) NO. 13797 OF 2021
PETITIONER :-

          N.VIJAYA RAJ
          PWD CONTRACTOR, S/O.NALLATHAMBI,
          PARAMBUTHOTTAM VEEDU, AYIRA P.O, KARODE, AYIRA,
          THIRUVANANTHAPURAM - 695 502.

          BY ADV AJITH KRISHNAN


RESPONDENTS :-

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

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

    3     THE ASSISTANT EXECUTIVE ENGINEER
          LOCAL SELF GOVERNMENT DEPARTMENT SUB DIVISION,
          PARASSALA, PARASSALA P.O, NEYYATTINKARA,
          THIRUVANANTHAPURAM - 695 502.

    4     THE DEPUTY DIRECTOR
          LOCAL SELF GOVERNMENT DEPARTMENT,
          THIRUVANANTHAPURAM - 695 033.

          BY ADVS.
          SRI.R.T.PRADEEP
          SRI.K.C.HARISH
          SRI.M.BINDUDAS
          SRI.V.VENUGOPAL, GP

     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. 13797 OF 2021

                                 -: 2 :-


                             JUDGMENT

Dated this the 9th day of September, 2021

This writ petition is filed seeking directions to the respondents

to disburse the bill amount of Rs.4,96,364/- due to the petitioner with

respect to two works.

2. Heard the learned counsel for the petitioner and the

learned Standing Counsel appearing for the 1 st respondent Panchayat

as well as the learned Government Pleader.

3. The learned Standing Counsel appearing for the Panchayat

submits that the petitioner's bills are pending at priority number 13

and 15 respectively in the order of priority of submission of the bills

and that the 1st respondent is taking steps to see that the amounts are

released in accordance with the availability of fund, taking note of the

priority of submission of the bills, at the earliest. It is submitted that

one of the bills raised by the petitioner is for an amount of less than

Rs.2,00,000/- and that as such, emergency steps shall be taken to

release the said amount at the earliest in accordance with the

availability of funds. It is submitted that in respect of the other bill

also, appropriate steps shall be taken to see that the amounts due are

released on or before 31.1.2022 at the latest. WP(C) NO. 13797 OF 2021

Having heard the learned counsel on either side, I am of

the opinion that the submissions made by the learned counsel for the

1st respondent can be accepted. There will, accordingly, be a

direction that the bills due shall be paid in the order of priority of

submission of the bills. In view of the fact that one bill of the

petitioner is for less than Rs.2,00,000/-, endeavor shall be made to

see that the said bill is paid at the earliest. With regard to the

remaining amount also, appropriate steps shall be taken to see that

the amounts are paid at the earliest, at any rate, on or before

31.1.2022.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE

Jvt/13.9.2021 WP(C) NO. 13797 OF 2021

APPENDIX OF WP(C) 13797/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE RELEVANT PAGE OF THE AGREEMENT FOR THE 1ST WORK, ENTERED INTO BETWEEN PETITIONER AND 2ND RESPONDENT VIDE AGREEMENT NO.

20/AE/LSGD/CHL/2018-19 DATED 16-08-2018.

Exhibit P2 TRUE COPY OF THE RELEVANT PAGES OF THE AGREEMENT NO. 79/AE/LSGD/CHL/18-10 DATED 29-10-2018 ENTERED INTO BETWEEN PETITIONER AND 2ND RESPONDENT FOR THE 2ND WORK

Exhibit P3 TRUE COPY OF THE RELEVANT PAGES OF THE RUNNING ACCOUNT BILLS AND MEMORANDUM OF PAYMENT FOR THE 2ND WORK.

Exhibit P4 TRUE COPY OF THE RELEVANT PAGES OF THE RUNNING ACCOUNT BILLS AND MEMORANDUM OF PAYMENT FOR THE 2ND WORK

Exhibit P5 TRUE COPY OF THE REPRESENTATION DATED 10-05-2021 SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENTS.