Kerala High Court
Bismi S. Baby vs State Of Kerala on 6 July, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 6TH DAY OF JULY 2022 / 15TH ASHADHA, 1944
WP(C) NO. 7612 OF 2022
PETITIONER:
BISMI S. BABY,
AGED 40 YEARS
S/O.BABY, VEMPUZHAPARAMBIL, VALIYAPARAMBU P.O,
THRIKKUNNAPPUZHA.
BY ADVS.
R.SUNIL KUMAR
A.SALINI LAL
RESPONDENTS:
1 STATE OF KERALA,
REP. BY SECRETARY TO GOVERNMENT, DEPARTMENT OF LOCAL
SELF GOVERNMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM - 695 001.
2 THE SECRETARY,
THRIKKUNNAPUZHA GRAMA PANCHAYATH,
THRIKKUNNAPUZHA - 688 561
SMT. DEEPA NARAYANAN, SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.07.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 7612 OF 2022
2
P.V.KUNHIKRISHNAN, J.
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W.P.(C).No. 7612 of 2022
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Dated this the 06th day of July, 2022
JUDGMENT
The above writ petition is filed with the following
prayers:
"(i) To issue a writ of mandamus or any other
appropriate writ, order or direction directing the
respondents to pay an amount of Rs.11,41,203.41/-
with interest at the rate of 12% forthwith.
(ii) To issue a writ of mandamus or any other
appropriate writ, order or direction, directing the 2 nd
respondent to issue fund transfer order forthwith.
(iii) Pass such other orders as this Hon'ble court
deems fit and proper in the facts and circumstances of
the case."[SIC]
2. Petitioner is aggrieved by the act of the
respondents in not giving the fund transfer order and the
amount due to the petitioner in connection with the
gravelling and metalling construction of Warriamkode
Road-Akkanteparambu road. It is the case of the
petitioner that, for the gravelling and metalling of
WP(C) NO. 7612 OF 2022
warriamkode road under the Mahatma Gandhi National
Rural Employment Guarantee Scheme 2020-2021 a
tender was called for and the petitioner got the tender
and quotation was confirmed on 14.02.2020. The length
of the road was 499 meter, so the work was allotted as 3
reaches. The 1st reach was for 166 meter, 2nd reach was
for 166 meter and the 3rd reach was for 167 meter. The
work was allotted for an amount of Rs.4.99 lakhs per
stage. The EMD for the three reaches was Rs.68,000/-
which the petitioner was given as bank guarantee. It is
the case of the petitioner that that he has executed 3
agreement for the 3 reaches. Ext.P2 is the agreement
dated 19.03.2020 and Exts.P3 and P4 are the other
agreements. After executing the agreement, the 2 nd
respondent issued the supply order and Ext.P5 is the
copy of the letter of the 2 nd respondent. But the cost of
the materials was not given to the petitioner as per the
measurement. Copy of the details of the work along
with questions obtained under the Right to Information
Act is produced as Ext.P6 in the writ petition. Petitioner
WP(C) NO. 7612 OF 2022
after accepting the work completed the same within 3
months. After completing the work the officers attached
to the 2nd respondent measured the length and width
and approved an amount of Rs.3,62,985.25/- for the 1 st
reach as evident by Ext.P7 M-Book. For the 2 nd reach
after measuring the length and width an amount of
Rs.3,88,596.33/- was approved as per Ext.P8. For the
3rd reach after measuring the length and width an
amount of Rs.3,89,621.83/- was approved. Ext.P9 is the
M-Book. According to the petitioner a total amount of
Rs.11,41,203.41/- is due to the petitioner. The amount
is not paid to the petitioner. Hence this writ petition is
filed.
3. When this writ petition came up for
consideration, this Court issued notice to the 2 nd
respondent by speed post. The service is complete.
There is no appearance for the 2nd respondent. In the
light of the same, it is clear that the 2nd respondent is
not disputing the amount.
4. Therefore, this writ petition can be allowed
WP(C) NO. 7612 OF 2022
directing the 2nd respondent to disburse the amount
within a period of three months. The question of
interest is left open and the petitioner is free to agitate
the same before the appropriate civil court.
Therefore, this writ petition is allowed in the
following manner:
i. The 2nd respondent is directed to pay an
amount of Rs.11,41,203.41/- to the petitioner, as
expeditiously as possible, at any rate, within a period
of three months from the date of receipt of a copy of
this judgment. The 2nd respondent will release the
EMD also during the above period.
ii. The question of payment of interest for the
delayed payment is left open and the petitioner is
free to approach the civil court for redressing that
grievance.
Sd/-
P.V.KUNHIKRISHNAN
DM JUDGE
WP(C) NO. 7612 OF 2022
APPENDIX OF WP(C) 7612/2022
PETITIONER EXHIBITS
EXHIBIT P1 COPY OF THE BANK GURANTEE DATED
2.3.2020.
EXHIBIT P2 COPY OF THE AGREEMENT NO. 13847 DATED
19.03.2020.
EXHIBIT P3 COPY OF THE AGREEMENT NO. 13848 DATED
19.3.2020.
EXHIBIT P4 COPY OF THE AGREEMENT NO. 13849 DATED
19.3.2020.
EXHIBIT P5 COPY OF THE LETTER OF THE 2ND
RESPONDENT DATED 10.06.2020.
EXHIBIT P6 COPY OF THE DETAILS OF THE WORK ALONG
WITH QUESTIONS OBTAINED UNDER THE
RIGHT TO INFORMATION ACT, DATED
31.8.2021.
EXHIBIT P7 COPY OF THE M-BOOK FOR THE 1ST REACH.
EXHIBIT P8 COPY OF THE M-BOOK OF THE 2ND REACH
EXHIBIT P9 COPY OF THE M-BOOK FOR THE 3RD REACH
EXHIBIT P10 COPY OF THE RECEIPT SHOWING THE
PAYMENT OF GST DATED 28.12.2021.
EXHIBIT P11 COPY OF REPLY ISSUED UNDER RIGHT TO
INFORMATION ACT ALONG WITH QUESTIONS
DATED 17.2.2022.
RESPONDENT'S EXHIBITS: NIL
//TRUE COPY//
PA TO JUDGE
