Smt.Prabha Pushkaran vs Kodamthuruth Grama Panchayath
2022 Latest Caselaw 6040 Ker

Citation : 2022 Latest Caselaw 6040 Ker
Judgement Date : 1 June, 2022

Kerala High Court

Smt.Prabha Pushkaran vs Kodamthuruth Grama Panchayath on 1 June, 2022

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
        THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
  WEDNESDAY, THE 1ST DAY OF JUNE 2022 / 11TH JYAISHTA, 1944
                      WP(C) NO. 20550 OF 2014
PETITIONER:

            SMT.PRABHA PUSHKARAN
            AGED 55 YEARS
            W/O.PUSHKARAN, THIRUVILAKKIL HOUSE,
            EZHUPUNNA SOUTH, CHERTHALA,
            ALAPPUZHA DISTRICT - 688 550.
            BY ADV SRI.V.J.JAMES

RESPONDENTS:

    1       KODAMTHURUTH GRAMA PANCHAYATH
            REPRESENTED BY ITS SECRETARY, KODAMTHURUTH POST
            ALAPPUZHA DISTRICT - 688 533.
    2       THE SECRETARY SPECIAL GRADE
            KODAMTHURUTH GRAMA PANCHAYATH, KODAMTHURUTH POST,
            ALAPPUZHA DISTRICT - 688 533.
    3       THE ASSISTANT ENGINEER
            L.S.G.D, KUTHIYATHODE,
            ALAPPUZHA DISTRICT - 688 533.
    4       TH SECRETARY TO GOVERNMENT
            DEPARTMENT OF LOCAL SELF ADMINISTRATION,
            SECRETARIATE, THIRUVANANTHAPURAM - 695 001.
            BY ADVS.
            SRI.R.RAJASEKHARAN PILLAI
            SMT.SABINA JAYAN

OTHER PRESENT:

            SMT.DEEPA NARAYANAN, SR.GP,
            SRI.RAJASEKHARAN PILLAI, PANCHAYAT


     THIS     WRIT   PETITION    (CIVIL)     HAVING    COME    UP    FOR
ADMISSION     ON   01.06.2022,    THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 W.P.(C).No.20550/2014

                                   2




                   P.V.KUNHIKRISHNAN, J.
                    --------------------------------
                   W.P.(C).No.20550 of 2014
             ----------------------------------------------
            Dated this the 01st day of June, 2022


                           JUDGMENT

This writ petition is filed with following prayers:

i. To call for the records relating to Exhibits P-1 to P-11.

ii. To issue a Writ of Mandamus or any other appropriate Writ, Order or Direction to the 3 rd respondent commanding him to submit the final bill duly approved, to the 1st respondent within a time frame as fixed by this Honourable Court. iii. To issue a Writ of Mandamus or any other appropriate Writ, Order or Direction to commanding the 2nd respondent to release the payment as per the approved bill to the petitioner, with interest @ 12% on the bill amount calculated from 7-7-2006, the date of Exhibit P-1 resolution, within a time frame as fixed by this Honourable Court.

iv. To award compensatory cost to the petitioner for the sufferings and harassment suffered by the petitioner from the part of the respondents 1 to 3. v. Such other reliefs as this Honourable Court deem W.P.(C).No.20550/2014

fit to grant in the facts and circumstances of the case.

(SIC)

2. Petitioner is the convener of the Road Construction

Committee under the Janakeeyasootranam Scheme in

Kodamthuruth Grama Panchayat. It is the case of the

petitioner that she undertook the construction of Pazangattu -

Paravattezath Road, in the year, 2001-2002, for a total

estimate of Rs.40,000/-. It is stated in the writ petition that an

amount of Rs.10,000/- was released to the petitioner by the

Panchayat as advance. It is also stated that due to various

technical reasons, the petitioner was forced to stop the work

mid way and accordingly the balance amount for the work

done in excess of Rs.10,000/- was not paid. When there was

no response, the petitioner filed a suit before the Munsiff's

Court for getting the amount. Subsequently Ext.P1 resolution

was passed by the Panchayat in which it stated that the

Panchayat will disburse the amount once the suit is

withdrawn. Accordingly the petitioner withdrew the suit as

evident by Ext.P2 judgment. Thereafter Ext.P3 resolution was

taken by the Panchayat in which the Panchayat requested the W.P.(C).No.20550/2014

Assistant Engineer, LSGD, to take measurement of the work

done and submit report. Ext.P3 resolution was forwarded to

the Assistant Engineer, LSGD, as evident by Ext.P4.

Thereafter Ext.P5 was issued by the Assistant Engineer, LSGD

in which it is stated that the work was done during the period

2001-2002 and hence the Engineer who was in charge at that

time has to measure the work and if the papers are submitted,

the bill will be prepared by the Engineer. The grievance of the

petitioner is that the petitioner is not responsible for the

same. The Panchayat has to do the needful.

3. Heard the learned counsel for the petitioner and

the learned Standing Counsel for the Panchayat.

4. The counsel for the petitioner reiterated his

contentions in the writ petition. The Standing Counsel for the

Panchayat submitted that once the measurement is done and

the bill is submitted, the Panchayat will do the needful to

disburse the amount due immediately. But the difficulty now

pointed out is that as per Ext.P5, the measurement is to be

done by the Engineer who was in charge during the period

2001-02 for which the petitioner cannot do anything and the

Panchayat has to do the needful.

W.P.(C).No.20550/2014

5. In such circumstances, the Panchayat will issue a

notice to the Officer concerned who was in charge of the work

during the period 2001-2002 to do the needful and if he is not

available even after the notice, the present Engineer

concerned will do the measurement and prepare the bill.

Thereafter the Panchayat will disburse the amount due to the

petitioner immediately.

Therefore, this writ petition is disposed of in the

following manner:

1. Respondents 1 and 2 will issue notice to the

Officer concerned who was in charge of the

work in dispute during the period 2001-2002

to produce the M-Book with measurement

immediately.

2. If there is no response to the notice issued

from the side of the Panchayat, the present

Engineer of LSGD will measure the work and

prepare necessary documents and thereafter

submit the bill before the Panchayat.

3. On receipt of the bill, the Panchayat will

disburse the amount forthwith.

W.P.(C).No.20550/2014

4. The above exercise should be completed by

respondents 1 and 2, as expeditiously as

possible, at any rate, within three months from

the date of receipt of a copy of this judgment.

sd/-

P.V.KUNHIKRISHNAN JV JUDGE W.P.(C).No.20550/2014

PETITIONER EXHIBITS P1 - A TRUE COPY OF THE RESOLUTION NO. IV DT. 07/7/2007 PASSED BY THE KODAMTHURUTHU GRAMA PANCHAYATH COMMITTEE.

P2 - TRUE COPY OF THEJ UDGMENT DT.

28.8.06 IN OS NO. 801/14 PASSED BY THE MUNSIFF COURT CHERTHALA.

P3 - A TRUE COPY OF THE REOLUTION NO. XXIV DT. 25.1.08 PASSED BY THE 1ST RESPONDENT PANCHAYATH COMMITTTEE. P4 - A TRUE COPY OF THE LETTER DT.

10.3.08 FROM THE 2ND RESPONDENT TO THE 3RD RESPONDENT ASSISTANT ENGINEER L.S.G.D KUTHIYATHODE.

P5 - A TRUE COPY OF THE LETTER DT.

13.3.08 SENT BY THE ASST. ENGINEER L.S.G.D KUTHYATHODE TO THE 2ND RESPONDENT.

P6 - A TRUE COPY OF THE LETTER DT.

15.3.08 ADDRESSED TO THE 2ND RESPONDENT PANCHAYATH SECRETARY SENT BY THE PETITIONER.

P7 - A TRUE COPY OF THE LETTER NO. C1

- 25/05 DT. 07.10.09 SENT BY THE 2ND RESPONDENT TO THE PETITIONER.

P8 - A TRUE COPY OF THE REPRESENTATION DT. 22.10.09 SENT BY THE PERTITIONER TO THE 2ND RESPONDENT.

P9- A TRUE COPY OF THE LEGAL NOTICE DT. 17.12.11 ADDRESSED TO THE 1ST RESPONDENT.

P10 - A TRUE COPY OF THE RESOLUTION NO. 6(8) DT. 29.5.12 PASSED BY THE 1ST RESPONDENT PANCHAYATH COMMITTEE. P11- A TRUE COPY OF THE COMMUNICATION NO. A3 - 7406/09 DT. 15.1.13 FROM THE OFFICE OF THE PANCHAYATH DEPUTY DIRECTOR, ALAPPUZHA.