Ganesh Kumar vs State Of Kerala
2021 Latest Caselaw 19677 Ker

         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
        THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
FRIDAY, THE 17TH DAY OF SEPTEMBER 2021 / 26TH BHADRA, 1943
                  WP(C) NO. 10739 OF 2021
PETITIONER/S:

          GANESH KUMAR,
          AGED 37 YEARS
          S/O. RANGASWAMI, KRISHNA NIVAS, BOMMIYAMPADI,
          PALOOR P.O., ATTAPPADI, MANNARKKAD TALUK,
          PALAKKAD DISTRICT, PIN-678582.
          BY ADVS.
          JACOB SEBASTIAN
          K.V.WINSTON
          ANU JACOB


RESPONDENT/S:

    1     STATE OF KERALA
          REPRESENTED BY SECRETARY TO GOVERNMENT,
          DEPARTMENT OF AGRICULTURE, SECRETARIAT,
          THIRUVANANTHAPURAM, PIN-695001.
    2     THE DIRECTOR OF AGRICULTURE,
          DIRECTORATE OF AGRICULTURE, VIKAS BHAVAN,
          PALAYAM, THIRUVANANTHAPURAM, PIN-695033.
    3     THE ASSISTANT DIRECTOR OF AGRICULTURE,
          AGALI, KRISHI BHAVAN, AGALI, PALAKKAD DISTRICT,
          PIN-678581.
    4     *ADDL.R4
          THE SECRETARY TO GOVERNMENT,
          DEPARTMENT FOR WELFARE OF SCHEDULED CASTES,
          SCHEDULED TRIBES AND BACKWARD CLASSES,
          GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-
          695001.
 W.P.(C) No.10739 of 2021           2


             (ADDITIONAL R4 IS IMPLEADED AS PER ORDER DATED
             18/06/2021 IN IA 01/2021 IN WPC 10739/2021)



             BY SMT.PRINCY XAVIER-SR.GP



      THIS    WRIT    PETITION   (CIVIL)   HAVING   COME    UP    FOR
ADMISSION     ON   17.09.2021,   THE   COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 W.P.(C) No.10739 of 2021               3




                    W.P.(C) No.10739 of 2021
               -----------------------------------------------


                            JUDGMENT

The grievance voiced by the petitioner in the writ

petition concerns the delay on the part of the respondents in

disbursing the amounts due to him in respect of the work

executed by him as referred to in the writ petition as a

contractor.

2. The learned Government Pleader, on

instructions, submits that the delay occurred due to the reason

that the Department for Welfare of Scheduled Castes,

Scheduled Tribes and Backward Classes has not provided to the

third respondent the funds required for disbursing the amounts

due to the petitioner. It is pointed out by the learned

Government Pleader that as and when funds are provided by

the said department, the amount due to the petitioner will be

disbursed.

Having regard to the facts and circumstances of the

case, especially the fact that the petitioner has satisfactorily

executed the work, I deem it appropriate to dispose of the writ

petition directing the fourth respondent to provide the

necessary funds for disbursement of the amounts due to the

petitioner to the third respondent within a month, and directing

the third respondent to disburse the amounts due to the

petitioner immediately thereafter. Ordered accordingly.

Sd/-

P.B.SURESH KUMAR, JUDGE.

YKB

APPENDIX OF WP(C) 10739/2021

PETITIONER EXHIBITS EXHIBIT P1 A TRUE COPY OF THE ORDER DATED 2.11.2019 OF THE 3RD RESPONDENT.

EXHIBIT P2 A TRUE COPY OF THE AGREEMENT DATED 2.11.2019 EXECUTED BETWEEN THE PETITIONER AND THE 2ND RESPONDENT. EXHIBIT P3 A TRUE COPY OF REPLY DATED 1.2.2021 ISSUED BY THE OFFICE OF THE THIRD RESPONDENT UNDER THE PROVISIONS OF THE RIGHT TO INFORMATION ACT, 2005.