Murugan vs Project Officer
2024 Latest Caselaw 16503 Ker

Kerala High Court

Murugan vs Project Officer on 11 June, 2024

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
              THE HONOURABLE MR. JUSTICE M.A.ABDUL HAKHIM
     TUESDAY, THE 11TH DAY OF JUNE 2024 / 21ST JYAISHTA, 1946
                          WP(C) NO. 26185 OF 2021
PETITIONER:

    1       MURUGAN
            AGED 37 YEARS
            S/O RAMAN KANI,
            KUNNATHU THEKKUMKARA VEEDU,
            KARIKUZHI P.O.KATTAKADA TALUK,
            EDAVACHIL VILLAGE,
            THIRUVANANTHAPURAM-695 505
    2       C.RAJU,
            AGED 62 YEARS
            S/O CHELLAPPAN, RAJEEV BHAVAN, KURISHUMALA,
            AMBURI P.O.KATTAKADA TALUK,
            THIRUVANANTHAPURAM-695 505.
            BY ADV THIRUMALA P.K.MANI


RESPONDENTS:

    1       PROJECT OFFICER
            ITDP(INTEGRATED TRIBAL DEVELOPMENT PROGRAM),
            OFFICE OF THE ITDP,
            TRIBAL DEPARTMENT, SATRAM MUKKU,
            NEDUMANGAD P.O.
            THIRUVANANTHAPURAM-695 541.
    2       AMBURI GRAMA PANCHAYAT,
            REPRESENTED BY ITS SECRETARY,
            AP 2-1, DOOR NO 1, WARD NO 2,
            AMBOORI-NEYYAR DAM ROAD,
            AMBOORI, KERALA-695 505
    3       ASSISTANT ENGINEER,
            AMBOORI GRAMA PANCHAYAT,
            AP 2-1, DOOR NO 1, WARD NO 2,
            AMBOORI-NEYYAR DAM ROAD,
            AMBOORI, KERALA-695 505.
            BY ADV M.R.SARIN
            SRI.IMAM GRIGORIUS KARAT-GP


     THIS     WRIT   PETITION   (CIVIL)   HAVING   FINALLY   BEEN   HEARD   ON
11.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 26185 OF 2021

                                  2


                             JUDGMENT

1. This writ petition is filed by the petitioners seeking direction

to pay Rs.11 lakhs out of the contract amount 18 lakhs for the

project of Drinking Water Scheme at Kunnathumala Tribal

Settlement Area, Thodumala Ward, Amboori Grama

Panchayat, Kattakada Taluk, proposed by the 2 nd respondent

and implemented by the 1st respondent.

2. The Secretary of Panchayat has filed a counter affidavit

dated 01/06/2024 stating that with respect to the above work

the petitioner was paid an amount of Rs.7 lakhs that on

inspection conducted by the Overseer and Assistant Engineer.

it is found that the material used were inferior quality; that

inspite of repeated requests from the part of the Panchayath,

the petitioner did not complete the work in accordance with the

contract; that ultimately a valuation was done and it is found

that the petitioners are eligible to get a total amount of

Rs.6,05,799/- for the work done by them and that there is an WP(C) NO. 26185 OF 2021

excess payment of Rs.94,201/- to the petitioners.

3. Since the respondents have disputed the amount payable to

the petitioners and contended that there is excess payment, no

reliefs in this writ petition can be given. Accordingly, this writ

petition is dismissed.

Sd/-

M.A.ABDUL HAKHIM JUDGE sms WP(C) NO. 26185 OF 2021

APPENDIX OF WP(C) 26185/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE PHOTOCOPY OF THE FORWARDING LETTER DATED 16.6.2010 ISSUED BY THE 2ND RESPONDENT TO THE 1ST RESPONDENT INTIMATING THE DECISION OF THE PANCHAYAT COMMITTEE TAKEN ON 16.1.2010 WITH ESTIMATE, PLAN AND FEASIBILITY CERTIFICATE, TO IMPLEMENT THE DRINKING WATER SCHEME Exhibit P2 TRUE PHOTOCOPY OF THE REPORT OF THE 3RD RESPONDENT REGARDING THE 1ST PHASE OF THE DRINKING WATER SCHEME PROJECT Exhibit P3 TRUE PHOTOCOPY OF THE SITE PLAN OF THE DRINKING WATER SCHEME PROJECT PREPARED BY THE 3D RESPONDENT Exhibit P4 TRUE PHOTOCOPY OF THE SOCIAL MAP OF THE PROJECT PREPARED BY THE TRIBAL EXTENSION OFFICER, KUTTICHAL P.O.KATTKADA Exhibit P5 TRUE PHOTOCOPY OF THE ESTIMATE OF THE 1ST PHASE OF THE PROJECT PREPARED BY THE 3RD RESPONDENT Exhibit P6 TRUE PHOTOCOPY OF THE SUB-CONTRACT DATED 7.5.2013 EXECUTED BY THE 1ST PETITIONER IN FAVOUR OF THE 2ND PETITIONER Exhibit P7 TRUE PHOTOCOPY OF THE REPRESENTATION DATED 25.11.2019 FILED BY THE 1ST PETITIONER BEFORE THE 2ND RESPONDENT Exhibit P8 TRUE PHOTOCOPY OF THE REPRESENTATION DATED 23.9.2020 SUBMITTED BY THE 1ST PETITIONER BEFORE THE 1ST RESPONDENT Exhibit P9 TRUE PHOTOCOPY OF THE REPRESENTATION DATED 8.2.2021 SUBMITTED BY THE 1ST PETITIONER BEFORE THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM Exhibit P10 TRUE PHOTOCOPY OF THE REPLY DATED 6.6.2019 SUBMITTED BY THE 3RD WP(C) NO. 26185 OF 2021

RESPONDENT BEFORE THE DISTRICT LEGAL SERVICE AUTHORITY Exhibit P11 TRUE PHOTOCOPY OF THE WITHDRAWAL PETITION AND ORDER DATED 30.9.2021 PASSED BY THE DISTRICT LEGAL SERVICE AUTHORITY, TRIVANDRUM IN PL 7451/2019 Exhibit P12 TRUE PHOTOCOPY OF THE FINAL NOTICE DATED 28.2.2019 ISSUED TO THE WIFE OF THE 2ND PETITIONER REMANI BY THE DISTRICT COOPERATIVE BANK HEAD OFFICE, TRIVAANDRUM