Kerala High Court
V.Abdul Rasheed vs State Of Kerala on 17 March, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY, THE 17TH DAY OF MARCH 2022 / 26TH PHALGUNA, 1943
WP(C) NO. 4245 OF 2022
PETITIONER:
RIYAS K.,
AGED 44 YEARS,
S/o.MUHAMMEDALI,
P.W.D. CONTRACTOR,
KUNCHANVALAPPIL HOUSE,
NARIPARAMBA P.O.,
MALAPPURAM, PIN - 679573
BY ADV C.M.MOHAMMED IQUABAL
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
IRRIGATION DEPARTMENT,
GOVT. SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 THE CHIEF ENGINEER,
OFFICE OF THE CHIEF ENGINEER,
IRRIGATION DEPARTMENT,
PALAYAM P.O.,
THIRUVANANTHAPURAM, PIN - 695003
3 THE EXECUTIVE ENGINEER,
IRRIGATION DIVISION, CIVIL STATION P.O.,
MALAPPURAM DISTRICT, PIN - 676505
4 THE ASSISTANT ENGINEER,
IRRIGATION SECTION, KUTTAYI,
MANAGALAM P.O.,
MALAPPURAM DISTRICT,, PIN - 676561
5 THE DISTRICT COLLECTOR,
MALAPPURAM,
COLLECTORATE,
MALAPPURAM P.O.,, PIN - 676505
WP(C)Nos.4245,4281,4322/2022
2
ADDL.6 THE ADDITIONAL CHIEF SECRETARY,
REVENUE AND DISASTER MANAGEMENT DEPARTMENT,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN-695001
(IS IMPLEADED AS ADDITIONAL R6 AS PER ORDER DATED
08.03.2022 IN IA 1/2022)
SMT.PARVATHY KOTTOL, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
17.03.2022, ALONG WITH WP(C).4281/2022, 4322/2022, THE COURT ON
THE SAME DAY DELIVERED THE FOLLOWING:
WP(C)Nos.4245,4281,4322/2022
3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY, THE 17TH DAY OF MARCH 2022 / 26TH PHALGUNA, 1943
WP(C) NO. 4281 OF 2022
PETITIONER:
V.ABDUL RASHEED,
AGED 52 YEARS,
SON OF MUHAMMED V.,
P.W.D. CONTRACTOR,
VARIKKODAN HOUSE, KODUR P.O.,
MALAPPURAM, PIN - 676504
BY ADV C.M.MOHAMMED IQUABAL
RESPONDENTS:
1 STATE OF KERALA,
REP.BY THE SECRETARY TO GOVERNMENT,
IRRIGATION DEPARTMENT, GOVT. SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 THE CHIEF ENGINEER,
OFFICE OF THE CHIEF ENGINEER,
IRRIGATION DEPARTMENT, PALAYAM P.O,
THIRUVANANTHAPURAM, PIN - 695003
3 THE SUPERINTENDING ENGINEER,
IRRIGATION NORTH CIRCLE,
KOZHIKODE DISTRICT, PIN - 673005
4 THE EXECUTIVE ENGINEER,
IRRIGATION DIVISION, CIVIL STATION P.O,
MALAPPURAM DISTRICT, PIN - 676505
WP(C)Nos.4245,4281,4322/2022
4
5 THE DISTRICT COLLECTOR,
COLLECTORATE, MALAPPURAM P.O,
MALAPPURAM, PIN - 676505
ADDL.6 ADDITIONAL CHIEF SECRETARY,
REVENUE AND DISASTER MANAGEMENT DEPARTMENT,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN-695001
(IS IMPLEADED AS ADDL R6 AS PER ORDER DATED 25/02/22
IN IA 1/2022)
SMT.PARVATHY KOTTOL, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
17.03.2022, ALONG WITH WP(C).4245/2022 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C)Nos.4245,4281,4322/2022
5
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY, THE 17TH DAY OF MARCH 2022 / 26TH PHALGUNA, 1943
WP(C) NO. 4322 OF 2022
PETITIONER:
HASSAN A,
AGED 51 YEARS,
S/o. MUHAMMED, P.W.D. CONTRACTOR,
ALUKKAL HOUSE, AYANKALAM P.O., TAVANUR,
MALAPPURAM, PIN - 679573
BY ADV C.M.MOHAMMED IQUABAL
RESPONDENTS:
1 STATE OF KERALA,
REP.BY THE SECRETARY TO GOVERNMENT,
IRRIGATION DEPARTMENT, GOVT. SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 THE CHIEF ENGINEER,
OFFICE OF THE CHIEF ENGINEER,
IRRIGATION DEPARTMENT, PALAYAM P.O,
THIRUVANANTHAPURAM, PIN - 695003
3 THE EXECUTIVE ENGINEER,
IRRIGATION DIVISION, CIVIL STATION P.O.,
MALAPPURAM DISTRICT, PIN - 676505
4 THE ASSISTANT EXECUTIVE ENGINEER,
IRRIGATION SUB DIVISION,
PARAPPANANGADI P.O.,
MALAPPURAM DISTRICT, PIN - 676303
WP(C)Nos.4245,4281,4322/2022
6
5 THE DISTRICT COLLECTOR,
MALAPPURAM, COLLECTORATE,
MALAPPURAM P.O., PIN - 676505
ADDL.6 THE ADDITIONAL CHIEF SECRETARY,
REVENUE AND DISASTER MANAGEMENT DEPARTMENT,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM,
PIN- 695 001.
(IS IMPLEADED AS PER ORDER DATED 08.03.2022 IN I.A.
1/2022 IN WPC 4322/2022.)
SMT.PARVATHY KOTTOL, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
17.03.2022, ALONG WITH WP(C).4245/2022 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C)Nos.4245,4281,4322/2022
7
JUDGMENT
Dated this the 17th day of March, 2022
[WP(C) Nos. 4245, 4281 and 4322 of 2022]
The petitioners in these three writ petitions are
before this Court aggrieved by non-payment of amounts
due to the petitioners for the contract work completed by
them. The petitioners state that they have undertaken
different contract works under the River Management Fund
(RMF) Scheme. Though the petitioners have executed
agreements with the Irrigation Department and completed
the work, their final bills are not processed or paid. The
petitioners have completed the work in the year 2021. The
inordinate delay in disbursal of amount is causing hardship
to the petitioners, who have availed financial assistance
from various sources paying exorbitant interest.
WP(C)Nos.4245,4281,4322/2022
2. The learned Government Pleader opposed the
writ petition filing a Statement. The respondents stated that
administrative sanction is needed for the payment of the
bills of the petitioners. The matter has already been taken
up with the Government in the year 2021. The matter is
pending consideration before the Government. The works
have been inspected by the Charge Officers/Irrigation
Department Officials concerned and they have
recommended for payment. Once the administrative
sanction is received from the additional 6 th respondent, the
amount can be paid to the petitioners.
3. I have heard the learned counsel for the
petitioners and the learned Government Pleader
representing the respondents.
4. The fact that the petitioners have entered into
agreements and completed the work to the satisfaction of
the respondents, is not in dispute. The fact that the
WP(C)Nos.4245,4281,4322/2022
petitioners have raised their bills is also not in dispute. In
the circumstances, the respondents will not be justified in
delaying payment of the amounts found due to the
petitioners indefinitely.
The writ petitions are disposed of directing the
additional 6th respondent to finalise grant of
approval/administrative sanction for the works undertaken
by the petitioners, within a period of two months. The 5 th
respondent shall effect payment to the petitioners once the
sanction/approval is given, within a further period of one
month.
Sd/-
N. NAGARESH
JUDGE
SR
WP(C)Nos.4245,4281,4322/2022
APPENDIX OF WP(C) 4245/2022
PETITIONER's EXHIBITS:
Exhibit -P1 THE TRUE COPY OF THE SELECTION NOTICE
ISSUED BY THE 3RD RESPONDENT DATED
20.1.2020
Exhibit -P2 THE TRUE COPY OF THE PROCEEDINGS OF
THE 3RD RESPONDENT DATED 3.2.2020
Exhibit -P3 THE TRUE COPY OF THE MEMO OF WORK
ISSUED BY THE 3RD RESPONDENT DATED
NIL
Exhibit -P4 THE TRUE COPY OF THE SITE HANDING
OVER MEMO ISSUED BY THE 3RD
RESPONDENT DATED 13.2.2020
Exhibit -P5 THE TRUE COPY OF THE COMPLETION
CERTIFICATE ISSUED BY THE 4TH
RESPONDENT DATED 31.3.2021
Exhibit -P6 THE TRUE COPY OF THE RELEVANT PAGES
OF THE BILL ISSUED BY THE 3RD
RESPONDENT DATED NIL
Exhibit -P7 THE TRUE COPY OF THE REPRESENTATION
DATED 7.12.2021
RESPONDENTS' EXHIBITS:
ANNEXURE R5(a) GOVERNMENT ORDER GO(RT)-NO.2754/
2019/RD DATED 02-10-2019.
ANNEXURE R5(b) LETTER NO.60127/2010-DM4 DATED 06-09-
WP(C)Nos.4245,4281,4322/2022
APPENDIX OF WP(C) 4281/2022
PETITIONER'S EXHIBITS:
Exhibit P1 THE TRUE COPY OF THE SELECTION NOTICE
ISSUED BY THE 3RD RESPONDENT DATED
10.7.2019
Exhibit P2 THE TRUE COPY OF THE PROCEEDINGS OF
3RD RESPONDENT DATED 24.7.2019
Exhibit P3 THE TRUE COPY OF THE ACKNOWLEDGMENT
FORM FOR HANDING OVER THE SITE TO
CONTRACTOR DATED 3.8.2019
Exhibit P4 THE TRUE COPY OF THE DEATH
CERTIFICATE OF THE FATHER OF THE
PETITIONER DATED 07.02.2022
Exhibit P5 THE TRUE COPY OF COMPLETION
CERTIFICATE ISSUED BY 3RD RESPONDENT
DATED 30.4.2021
Exhibit P6 THE TRUE COPY OF THE RELEVANT PAGES
OF THE BILL DATED NIL IS PRODUCED
Exhibit P7 THE TRUE COPY OF THE REPRESENTATION
DATED 8.12.2021
RESPONDENTS' EXHIBITS:
ANNEXURE R5(a): TRUE COPY OF THE GOVERNMENT ORDER,G.O
(Rt) No.731/2019/RD.DATED 01.03.2019
ANNEXURE R5(b): TRUE COPY OF THE LETTER
No.60127/2010-DM4 DATED 06-09-2021 TO
THE ADDITIONAL CHIEF
SECRETARY,REVENUE (P) DEPARTMENT.
WP(C)Nos.4245,4281,4322/2022
APPENDIX OF WP(C) 4322/2022
PETITIONER'S EXHIBITS:
Exhibit P1 THE TRUE COPY OF THE SELECTION NOTICE
ISSUED BY THE 3RD RESPONDENT DATED
15.07.2020
Exhibit P2 THE TRUE COPY OF THE PROCEEDINGS OF
THE 3RD RESPONDENT DATED 24.7.2020
Exhibit P3 THE TRUE COPY OF THE MEMO OF WORK
ISSUED BY THE 3RD RESPONDENT DATED
NIL
Exhibit P4 THE TRUE COPY OF THE SITE HANDING
OVER MEMO ISSUED BY THE 3RD
RESPONDENT DATED 30.7.2020
Exhibit P5 THE TRUE COPY OF THE COMPLETION
CERTIFICATE ISSUED BY THE 3RD
RESPONDENT DATED 24.6.2021
Exhibit P6 THE TRUE COPY OF THE RELEVANT PAGES
OF THE BILL DATED NIL
Exhibit-P7 THE TRUE COPY OF THE REPRESENTATION
SUBMITTED BY THE PETITIONER AND
OTHERS BEFORE THE 3RD RESPONDENT
DATED 7.12.2021
RESPONDENTS' EXHIBITS:
Annexure R5(a) TRUE COPY OF THE GOVERNMENT ORDER
GO(Rt) No.2754/2019/RD dt.02.10.2019
Annexure R5(b) TRUE COPY OF THE LETTER
No.60127/2010-DM4 DATED 06-09-2021 TO
THE ADDITIONAL CHIEF
SECRETARY,REVENUE (P) DEPARTMENT.
