Safnas N vs Smt.Sarada G.Muraleedhan Ias
2023 Latest Caselaw 976 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                       PRESENT
               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
     TUESDAY, THE 17TH DAY OF JANUARY 2023 / 27TH POUSHA, 1944
                         CON.CASE(C) NO. 1029 OF 2022
  AGAINST THE ORDER/JUDGMENT IN WP(C) 6777/2021 OF HIGH COURT OF
                                       KERALA
PETITIONER:

             SAFNAS N.
             AGED 36 YEARS
             S/O MUHAMMED, PWD CONTRACTOR, FATHIMA,
             ODEPC HOUSING COLONY, MODERN BAZAR, KOLATHARA P.O.,
             KOZHIKODE - 673655
             BY ADV MAHESH V RAMAKRISHNAN
RESPONDENTS:

    1        SMT.SARADA G.MURALEEDHAN IAS
             ADDL. CHIEF SECRETARY TO GOVERNMENT,
             LOCAL SELF GOVERNMENT DEPARTMENT, SECRETARIAT,
             THIRUVANANTHAPURAM, PIN - 695001
    2        SRI.THOMAS V.D.
             AGED 52 YEARS
             S/O DEVASSYA, SECRETARY, PULPALLY GRAMA PANCHAYATH
             PULPALLY P.O., WAYANAD, PIN - 673579
             M.RAJEEV, GP
             MANOJ RAMASWAMY
     THIS     CONTEMPT    OF   COURT    CASE     (CIVIL)   HAVING   COME   UP   FOR
ADMISSION ON 17.01.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 CON.CASE(C) NO.1029 OF 2022

                                    2




                              JUDGMENT

Dated this the 17th day of January, 2023

This contempt of court case is filed alleging non compliance with

the interim order dated 11.10.2021 by which the respondents were

directed to release the amounts due to the petitioner for the work done

by the petitioner on the basis of Ext.P20 valuation report in the writ

petition.

2. Affidavits and additional affidavits have been placed on record by

the respondents stating that the amounts due have been released to the

petitioner.

3. The learned counsel for the petitioner submits that the valuation

in Ext.P20 in the writ petition would show that an amount of

Rs.20,58,007/- was due to be paid to the petitioner and only a lesser

amount of Rs.16,65,714/- has now been paid to the petitioner. It is

contended that the deductions made from the valuation as found in

Ext.P20 are completely unauthorized and illegal.

Since the order was an interim order in a pending writ petition, CON.CASE(C) NO.1029 OF 2022

I am of the opinion that the dispute with regard to payment of amounts

is to be decided in the writ petition. This contempt of court case is

therefore closed, leaving open the contentions of the petitioner to be

properly agitated and decided in the writ petition.

Sd/-

ANU SIVARAMAN JUDGE NP CON.CASE(C) NO.1029 OF 2022

APPENDIX OF CON.CASE(C) 1029/2022

PETITIONER'S ANNEXURES Annexure A1 CERTIFIED COPY OF THE INTERIM ORDER DATED 11-

10-2021 IN WP© NO.6777 OF 2021 OF THIS HON'BLE COURT Annexure A2 TRUE COPY OF THE NOTICE DATED 13-10-2021 ISSUED BY THE PETITIONERS COUNSEL TO THE RESPONDENTS Annexure A3 TRUE COPY OF THE POSTAL ACKNOWLEDGEMENT DATED 22-10-2021 SIGNED BY THE RESPONDENT NO.1 Annexure A4 TRUE COPY OF THE POSTAL ACKNOWLEDGEMENT DATED 22-10-2021 SIGNED BY THE RESPONDENT NO.2 Annexure A5 TRUE COPY OF THE INTERIM ORDER DATED 05-01-

2022 IN WP© NO.6777 OF 2021 Annexure A6 TRUE COPY OF THE POSTAL ACKNOWLEDGEMENT DATED 10-01-2022 SIGNED BY THE RESPONDENT NO.1 Annexure A7 TRUE COPY OF THE POSTAL ACKNOWLEDGEMENT DATED 22-01-2022 SIGNED BY THE RESPONDENT NO.2 Annexure A8 TRUE COPY OF THE VALUATION REPORT DATED 20.03.2020 SUBMITTED BY THE 4TH RESPONDENT BEFORE THE ASSISTANT EXECUTIVE ENGINEER LSGD SUB DIVISION, PANAMARAM BLOCK PANCHAYATH Annexure A9 TRUE COPY OF PASS BOOK SHOWING TRANSACTION FROM 14.06.2021 TO 20.11.2021 OF CURRENT ACCOUNT NO.40177111000362 OF THE PETITIONER WITH THE KERALA GRAMIN BANK, MANKAVU BRANCH, KOZHIKKODE.

Annexure A10 TRUE COPY OF PASS BOOK SHOWING TRANSACTION FROM 31.08.2022 TO 13.09.2022 OF CURRENT ACCOUNT NO.40177111000362 OF THE PETITIONER WITH THE KERALA GRAMIN BANK, MANKAVU BRANCH, KOZHIKKODE.

RESPONDENTS' ANNEXURES Annexure R1(a) TRUE COPY OF THE LETTER DATED 02.04.2022 Annexure R1(b) TRUE COPY OF THE LETTER DATED 17.06.2022 ANNEXURE R2(A) TRUE COPY OF THE DECISION NO.01/1 DATED 23.06.2022 PASSED BY THE PANCHAYATH COMMITTEE ANNEXURE R2(B) TRUE COPY OF THE DETAILS OF THE AMOUNT TO BE PAID TO THE PETITIONER