Ubaidulla T.K vs State Of Kerala
2023 Latest Caselaw 1780 Ker

                   IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                    PRESENT

                   THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

         WEDNESDAY, THE 1ST DAY OF FEBRUARY 2023 / 12TH MAGHA, 1944

                            WP(C) NO. 26638 OF 2022

PETITIONER:
              UBAIDULLA T.K.
              AGED 56 YEARS, VALIYA VEETTIL (H), VAZHAKKAD P.O., MALAPPURAM
              DISTRICT, PIN - 673 640.
              BY ADVS.
              JACOB P.ALEX
              JOSEPH P.ALEX
              MANU SANKAR P.
              AMAL AMIR ALI

RESPONDENTS:
      1      STATE OF KERALA
             REPRESENTED BY ITS ADDITIONAL CHIEF SECRETARY,
             DEPARTMENT OF LOCAL SELF GOVERNMENT,
             GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695 001.
      2      NATIONAL BANK FOR AGRICULTURE AND RURAL DEVELOPMENT (NABARD)
             REPRESENTED BY ITS CHIEF GENERAL MANAGER/OIC, PUNNEL ROAD,
             STATUE, THIRUVANANTHAPURAM, PIN - 695 001.
      3      CHIEF ENGINEER
             LOCAL INFRASTRUCTURE AND ENGINEERING WING OF LSGD, 3RD FLOOR,
             REVENUE COMPLEX, PUBLIC OFFICE BUILDING, THIRUVANANTHAPURAM,
             PIN - 695 033.
      4      EXECUTIVE ENGINEER
             OFFICE OF EXECUTIVE ENGINEER, LSGD DIVISION, MALAPPURAM,
             MALAPPURAM DISTRICT PANCHAYAT, CIVIL STATION, MALAPPURAM, PIN -
             676 505.
      5      ASSISTANT EXECUTIVE ENGINEER
             OFFICE OF ASSISTANT EXECUTIVE ENGINEER (LSGD), OFFICE OF
             AREACODE BLOCK PANCHAYAT, MALAPPURAM, PIN - 673 639.
      6      DEPARTMENT OF HEALTH AND FAMILY WELFARE
             GOVERNMENT OF KERALA, REPRESENTED BY ITS SECRETARY, GOVERNMENT
             SECRETARIAT, THIRUVANANTHAPURAM - 695 001.
      7      CHIEF SECRETARY
             GOVERNMENT OF KERALA, GOVERNMENT SECRETARIAT,
             THIRUVANANTHAPURAM, PIN - 69001.
      8      ADDL.R8. AREEKODE BLOCK PANCHAYAT
             REPRESENTED BY ITS SECRETARY, OFFICE OF AREACODE BLOCK
             PANCHAYAT, MALAPPURAM - 673639
             ADDITIONAL 8TH RESPONDENT IS IMPLEADED AS PER ORDER DATED
             24.08.2022 IN I.A NO.1/2022 IN W.P.(C) NO.26638/2022
             BY ADV SHRI.MUHAMMED NOUSHIQ P.C., SC,
             AREACODE BLOCK PANCHAYAT, MALAPPURAM

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.02.2023,

THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C) No.26638 of 2022
                                       2




                                JUDGMENT

Dated this the 1st day of February, 2023

This writ petition is filed by the petitioner, a contractor

seeking the following reliefs:

i Issue a writ in the nature of mandamus or any other writ, order or direction commanding the 1 st and 2nd respondents to allot/sanction an amount of Rs.36,83,995/-(Rupees Thirty Six Lakhs, Eighty Three Thousand and Nine Hundred and Ninety Five Only) covered under Exhibit P3 for onward disbursement to petitioner, within a time-limit to be fixed by this Hon'ble Court.

ii. Issue a writ in the nature of mandamus or any other writ, order or direction commanding the respondents 3 to 5 to disburse an amount of Rs.36,83,995/-(Rupees Thirty Six Lakhs, Eighty Three Thousand and Nine Hundred and Ninety Five Only)covered under Exhibit P3 to petitioner, within a time-limit to be fixed by this Hon'ble Court.

Iii. Issue a writ in the nature of mandamus or any other writ, order or direction commanding the respondents 1 and 2 to take appropriate action on Exhibits P4 and P5 respectively, within a time-limit to be fixed by this Hon'ble Court.

W.P.(C) No.26638 of 2022

iv. Issue such other appropriate writ, order or direction that may be deemed just and equitable in the facts and circumstances of the case;

2. It is the case of the petitioner that, he has carried out

the work entrusted by the Local Self Government Department,

and has completed the work to the satisfaction of the authority.

However, the 7th and final bill submitted for Rs.36,83,995/-

(Rupees Thirty Six Lakhs, Eighty Three Thousand and Nine

Hundred and Ninety Five Only)is not paid in spite of the

earnest efforts made by the petitioner.

3. The Areacode Block Panchayat was impleaded as the

additional 8th respondent and the learned counsel for the

additional 8th respondent submitted that the Block Panchayat

has no objection with respect to the work carried out by the

petitioner and necessary recommendations are made before

the other respondents in order to make the payment to the

petitioner.

4. The learned Government Pleader on instructions

from the Assistant Executive Engineer submitted that the

amounts as claimed by the petitioner is pending consideration W.P.(C) No.26638 of 2022

before the respondents, and it will be paid after securing

necessary permission.

5. I have heard the learned counsel for the petitioner,

Sri.Jacob P. Alex, learned Senior Government Pleader Sri.K.M

Reshmi, learned Standing Counsel for the 2 nd respondent

Sri.Muhammed Noushiq for the Block Panchayat, and perusing

the pleadings and materials on record.

Therefore, the writ petition is disposed of directing the

competent among the respondents to take necessary steps in

order to release the amounts to the petitioner, if there are no

other legal impediments standing in the way, at the earliest, at

any rate within two months from the date of receipt of a copy

of this judgment.

Sd/-

SHAJI P. CHALY

JUDGE AP W.P.(C) No.26638 of 2022

APPENDIX OF WP(C) 26638/2022

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE SELECTION NOTICE BEARING NO.PQ-01/AEE/AKD/2017-18 DATED 20/03/2018 ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER.

Exhibit P2 TRUE COPY OF THE AGREEMENT BEARING NO.AEE/01/2018-19/05-04/2018.

Exhibit P2A TYPE WRITTEN COPY OF EXHIBIT P2. Exhibit P3 TRUE COPY OF THE COVERING LETTER OF 7TH PART BILL BEARING NO.E1/217/NABARD DATED 10/05/2022.

Exhibit P4 TRUE COPY OF THE REPRESENTATION DATED 10/08/2022 SUBMITTED BY PETITIONER BEFORE THE 1ST RESPONDENT ALONG WITH POSTAL RECEIPT.

Exhibit P5 TRUE COPY OF THE REPRESENTATION DATED 10/08/2022 SUBMITTED BY PETITIONER BEFORE THE 2ND RESPONDENT ALONG WITH POSTAL RECEIPT.