Kerala High Court
Chungathara Grama Panchayath vs State Of Kerala on 7 July, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 7TH DAY OF JULY 2022 / 16TH ASHADHA, 1944
WP(C) NO. 4277 OF 2022
PETITIONER:
CHUNGATHARA GRAMA PANCHAYATH
CHUNGATHARA P.O., MALAPPURAM DISTRICT-679334,
REPRESENTED BY ITS SECRETARY.
BY ADV U.K.DEVIDAS
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY, LOCAL SELF GOVERNMENT
DEPARTMENT, 5TH FLOOR, SWARAJ BHAVAN, NANTHANCODE,
KOWDIAR P.O., THIRUVANANTHAPURAM-695003.
2 NOUSHADALI,
S/O.MUHAMMED, KADAKULATH HOUSE, CHANGATHARA P.O.,
MALAPPURAM DISTRICT-679334.
3 OMBUDSMAN FOR THE LOCAL SELF GOVERNMENT AUTHORITIES,
4TH FLOOR, SAPHALYAM COMPLEX, TRIDA BUILDING,
UNIVERSITY P.O., PALAYAM, THIRUVANANTHAPURAM-695034.
4 DEPUTY DIRECTOR OF PANCHAYATH,
CIVIL STATION ROAD, UPHILL, MALAPPURAM-676505.
BY ADVS.
P.SAMSUDIN
M.ANUROOP
SHYAM NAIR
LIRA A.B.
SMT.VIDYA KURIAKOSE, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.07.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 4277 OF 2022
2
P.V.KUNHIKRISHNAN, J.
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W.P.(C).No. 4277 of 2022
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Dated this the 07th day of July, 2022
JUDGMENT
The above writ petition is filed with the following
prayers:
"(i) a writ of certiorari or any other appropriate
writ order or direction to call for the records leading to
Ext.P7 order in Complaint No.976/2017 before the
third respondent and quash the same.
(ii) a writ of mandamus or any other
appropriate writ order or direction to the second
respondent to reconsider the Ext.P7 order and drop
further proceedings in Complaint No.976/2017 before
the third respondent.
(iii) such other relief's as this Hon'ble Court
deems fit to grant in the nature of this case."[SIC]
2. The petitioner conducted 21 works in the
grama panchayath under the National Rural Employment
Scheme and Annual Projects of the grama panchayath
during the year 2015-16. The 2 nd respondent supplied
materials for the above said works. Since the amount
WP(C) NO. 4277 OF 2022
due to the 2nd respondent was not paid within time, he
filed complaint before the 3rd respondent, complaining
that an amount of Rs.4,60,000/- is due from the
petitioner as the value of the supplied materials for the
above said work. Petitioner appeared in the complaint
and filed objection on 24.07.2019 before the 3 rd
respondent stating the facts and admitted amount due
to the 2nd respondent. When Ext.P2 objection was filed,
the 2nd respondent filed a reply statement before the 3 rd
respondent as evident by Ext.P3. It is the case of the
petitioner that, in Exts.P1 and P3 he did not claim any
interest or compensation from the petitioner Grama
Panchayath. Thereafter the third respondent directed
the petitioner to disburse an amount of Rs.2,90,704/- to
the 2nd respondent as evident by Ext.P4. Pursuant to
Ext.P4 order, the 2nd respondent has received
Rs.2,87,797/- after deducting T.D.S from Rs.2,90,704/-
through his bank account on 8.11.2021. Thereafter, the
3rd respondent has issued another order on 09.11.2021
directing the petitioner to pay an interest on
WP(C) NO. 4277 OF 2022
Rs.2,90,704/- at the rate of 9% per annum from
01.01.2017 onwards and directed the Secretary and
Deputy Director of the Panchayath to recover the said
amount from the responsible employees. Aggrieved by
Ext.P7 order, this writ petition is filed.
3. Heard counsel appearing for the petitioner, the
learned Government Pleader and the counsel appearing
for the 2nd respondent.
4. The counsel appearing for the petitioner
reiterated his contentions in the writ petition. The
counsel appearing for the 2nd respondent submitted that,
an interlocutory application was filed for getting interest
and cost for the delayed payment. The counsel for the
petitioner disputed the same.
5. Whatever that may be, the admitted amount is
already disbursed to the 2nd respondent by the petitioner.
The payment of the interest is disputed by the petitioner.
In such situation, it is not proper on the part of the
Ombudsman to decide the interest especially when there
is no such prayer in the original complaint filed by the 2 nd
WP(C) NO. 4277 OF 2022
respondent. Therefore, the payment of interest by the
Ombudsman can be set aside. But I make it clear that
the 2nd respondent is free to approach the civil court to
get interest, if he is entitled the same in accordance to
law.
Therefore, this writ petition is allowed in the
following manner:
i. Ext.P7 is set aside.
ii. The 2nd respondent is given liberty to
approach the Civil court for interest, if he is eligible
to get interest as per law.
Sd/-
P.V.KUNHIKRISHNAN
DM JUDGE
WP(C) NO. 4277 OF 2022
APPENDIX OF WP(C) 4277/2022
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE COMPLAINT DATED NIL
FILED BY THE SECOND RESPONDENT BEFORE
THE THIRD RESPONDENT.
EXHIBIT P2 TRUE COPY OF THE OBJECTION DATED
24.7.2019.
EXHIBIT P3 TRUE COPY OF THE REPLY STATEMENT
DATED 26.7.2019 BEFORE THE THIRD
RESPONDENT.
EXHIBIT P4 TRUE COPY OF THE ORDER DATED
4.10.2021 PASSED BY THE THIRD
RESPONDENT.
EXHIBIT P5 TRUE COPY OF THE DECISION DATED
29.10.2021.
EXHIBIT P6 TRUE COPY OF ACKNOWLEDGEMENT RECEIPT.
EXHIBIT P7 TRUE COPY OF THE ORDER DATED
9.11.2021 ISSUED BY THE THIRD
RESPONDENT.
EXHIBIT P8 TRUE COPY OF THE DECISION NO. 9(I)
DATED 14.12.2021.
RESPONDENT'S EXHIBITS: NIL
//TRUE COPY//
PA TO JUDGE
