Sheryas Wayanad vs State Of Kerala
2022 Latest Caselaw 3983 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                 THE HONOURABLE MR. JUSTICE T.R.RAVI
     TUESDAY, THE 5TH DAY OF APRIL 2022 / 15TH CHAITHRA, 1944
                       WP(C) NO. 19260 OF 2021
PETITIONER:

          SHERYAS WAYANAD
          (REG. NO.SR.59/86),
          POST BOX NO.77, SULTHAN BATHERY,
          WAYANAD DISTRICT, PIN - 673 592.

          REPRESENTED BY THE AUTHORISED POWER OF ATTORNEY HOLDER,
          K. V. SHAJI, S/O. K. K. VARGHESE,
          AGED 47 YEARS,
          PROGRAMME OFFICER, SHERYAS WAYANAD,
          RESIDING AT KAKKATTUKUDIYIL HOUSE,
          SULTHAN BATHERY P. O.,
          WAYANAD DISTRICT, PIN - 673 592.

          BY ADVS.
          SUJITH MATHEW JOSE
          ELIZEBATH GEORGE


RESPONDENTS:

    1     STATE OF KERALA
          REPRESENTED BY THE ADDITIONAL CHIEF SECRETARY,
          DEPARTMENT OF WATER RESOURCES,
          GOVERNMENT SECRETARIAT,
          THIRUVANANTHAPURAM - 695 001.

    2     KERALA RURAL WATER SUPPLY AND SANITATION AGENCY
          REPRESENTED BY ITS EXECUTIVE DIRECTOR,
          PTC TOWERS, SS KOVIL ROAD, THAMPANOOR,
          THIRUVANANTHAPURAM - 695 001.

    3     THE DIRECTOR (TECHNICAL & OPERATIONS)
          PROJECT MANAGEMENT UNIT,
          KERALA RURAL WATER SUPPLY AND SANITATION AGENCY,
          PTC TOWERS, SS KOVIL ROAD, THAMPANOOR,
          THIRUVANANTHAPURAM - 695 001.

    4     THE REGIONAL PROJECT DIRECTOR
          REGIONAL PROJECT MANAGEMENT UNIT,
          KERALA RURAL WATER SUPPLY AND SANITATION AGENCY,
          MMC.X/106-112, 2ND FLOOR, UMK TOWER,
          MALAPPURAM - 676 506.
 WP(C) NO. 19260 OF 2021          2


    5     THE CHAKKITAPARA GRAMA PANCHAYAT
          REPRESENTED BY ITS SECRETARY,
          CHAKKITTAPARA P. O.,
          KOZHIKODE - 673 526.,
          E-MAIL : [email protected]

          BY ADVS.
          D.KISHORE
          K.N.ABHILASH
          N.ARJUNAN PILLAI
          SUNIL NAIR PALAKKAT
          M.A.AHAMMAD SAHEER
          RITHIK S.ANAND
          P.B.MUHAMMED AJEESH


          SRI. RAJEEV JYOTHISH GEORGE, GP.


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.04.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 19260 OF 2021                   3

                                   T.R.RAVI, J.
                         ----------------------------------------
                        W.P(C) NO.19260 OF 2021
                       -------------------------------------------
                  Dated this the 05th .day of April, 2022

                                JUDGMENT

The grievance of the petitioner is that the amounts due for

completion of a world bank aided project are not yet paid. On

16.03.2022, this Court had directed the 3 rd respondent to take

action to settle the payments due to the petitioner as directed in

Ext.P12 at the earliest by initiating proceedings for payment to

the 5th respondent. It is submitted that subsequent to the interim

order, an amount of Rs.4,54,326/- has been paid. According to

the petitioner, a sum of Rs.10,50,000/- is payable.

In such circumstances, the writ petition is disposed of

directing the petitioner to file an appropriate application before

the 2nd respondent for the balance amount with necessary

materials to show that he is entitled for the same. The 2 nd

respondent shall on receipt of the application, dispose of the

same after hearing the petitioner within two months thereof. The

application shall be filed by the petitioner within two weeks from

today.

Sd/-

T.R.RAVI

JUDGE sn

APPENDIX OF WP(C) 19260/2021

PETITIONER'S EXHIBITS

Exhibit P1 TRUE COPY OF THE CERTIFICATE OF REGISTRATION OF THE PETITIONER, DATED 24.09.1986. Exhibit P2 TRUE COPY OF THE AGREEMENT DATED 14.05.2015 ENTERED BETWEEN THE PETITIONER AND THE 5TH RESPONDENT.

Exhibit P3 TRUE COPY OF THE ABSTRACT ESTIMATE FOR CHAKKITTAPARA BWSS, PREPARED BY THE PETITIONER.

Exhibit P4 TRUE COPY OF THE LETTER DATED 20.12.2018 ISSUED BY THE PETITIONER TO THE 2ND RESPONDENT.

Exhibit P5 TRUE COPY OF THE LETTER DATED 20.12.2018 ISSUED BY THE 5TH RESPONDENT TO THE 4TH RESPONDENT.

Exhibit P6 TRUE COPY OF THE LETTER DATED 23.01.2019 ISSUED BY THE EXECUTIVE DIRECTOR OF THE PETITIONER TO THE 2ND RESPONDENT. Exhibit P7 TRUE COPY OF THE DIRECTION DATED 14.02.2019 OF THE 2ND RESPONDENT TO THE 4TH RESPONDENT. Exhibit P8 TRUE COPY OF THE LETTER DATED 21.03.2019 OF THE PROJECT COMMISSIONER OF THE 4TH RESPONDENT.

Exhibit P9 TRUE COPY OF THE LETTER DATED 28.05.2019 OF THE 5TH RESPONDENT.

Exhibit P10 TRUE COPY OF THE LETTER DATED 22.06.2019 OF THE 4TH RESPONDENT.

Exhibit P11 TRUE COPY OF THE LETTER DATED 26.06.2019 ISSUED BY THE PETITIONER TO THE 4TH RESPONDENT.

Exhibit P12 TRUE COPY OF THE LETTER DATED 19.09.2019 OF THE 2ND RESPONDENT ISSUED TO THE 3RD RESPONDENT.

Exhibit P13 TRUE COPY OF THE EXIT PROCEEDINGS OF THE 4TH RESPONDENT DATED 22.03.2021.

Exhibit P14 TRUE COPY OF THE LETTER DATED 14.07.2021 ISSUED BY THE PETITIONER TO THE 3RD RESPONDENT.

RESPONDENT'S EXHIBITS       :   NIL

              //TRUE COPY//               PA TO JUDGE