Abdul Russak vs Thazhakkara Grama Panchayat
2022 Latest Caselaw 10686 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                     PRESENT

                 THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

         FRIDAY, THE 21ST DAY OF OCTOBER 2022 / 29TH ASWINA, 1944

                           WP(C) NO. 20615 OF 2012

PETITIONER:


              ABDUL RUSSAK, AGED 50 YEARS
              ELECTRO-TECH INDUSTRIES INDUSTRIAL ESTATE, SOUTH
              KALAMASSERY
              BY ADV SRI.ASP.KURUP


RESPONDENTS:

     1        THAZHAKKARA GRAMA PANCHAYAT
              PANCHAYAT OFFICE, KALLIMEL P.O., MAVELIKARA, ALAPPUZHA
              690509 REP.BY ITS SECRETARY
     2        THE SECRETARY, THAZHAKKARA GRAMA PANCHAYAT PANCHAYAT
              OFFICE KALLIMEL P.O MAVELIKKARA ALAPPUZHA 690509
              BY ADV SRI.RASHEED C.


       THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
21.10.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C)No.20615 of 2012

                                           :: 2 ::



                                       JUDGMENT

Dated this the 21st day of October 2022

This writ petition is filed seeking the following relief:

i) issue a writ of mandamus or any other writ, order or direction commanding the 1st and 2nd respondents to make payment of Rs.82,357.50 to the petitioner since this is the amount remaining unpaid to the petitioner for which the goods have already been supplied and the same used by the respondents.

2. The case projected by the petitioner is that petitioner is the

Manager of Electro-tech Industries engaged in the manufacture and

supply of various electrical items. Pursuant to the contract awarded by

the Thazhakkara Grama Panchayat and the Secretary, electrical goods

were supplied by the petitioner to the Panchayat but the entire amount

is not paid. Petitioner has also produced Ext.P1 bill raised by the

petitioner before the Secretary of the Grama Panchayat, dated

13.8.2012, from where I am satisfied that except an amount of

Rs.82,357.50/- all other amounts were paid, even admittedly. In that

view of the matter, it is only appropriate that writ petition is disposed

of with suitable directions.

W.P.(C)No.20615 of 2012

:: 3 ::

3. I have heard learned counsel for the petitioner Sri.Sadchith P

Kurup, learned counsel appearing for the Grama Panchayat and the

Secretary Sri.Rasheed.C and perused the pleadings and material on

record.

4. In my considered opinion, the sole relief sought for in this writ

petition is a direction for release of the balance amount, which was

pending before this court for the past ten years without securing any

order. In that view of the matter, if the amount is still not paid by the

Panchayat and if any amount is still due to the petitioner from the

Thazhakkara Panchayat on account of the contract specified in th writ

petition, the Secretary of the Thazhakkara Grama Panchayat shall look

into the matter and release the amount to the petitioner, at the earliest

possible. Ordered accordingly.

Writ petition is disposed of.

SD/-

SHAJI P. CHALY JUDGE jes W.P.(C)No.20615 of 2012

:: 4 ::

APPENDIX

PETITIONER'S EXHIBITS:

EXT.P1: TRUE COPY OF LETTER DATED 13.8.2012 GIVEN BY PETITIONER TO SECOND RESPONDENT.

// TRUE COPY //

P.S. TO JUDGE