Kerala High Court
K. Abdul Azeez vs Balussery Grama Panchayat on 27 June, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE M.A.ABDUL HAKHIM
THURSDAY, THE 27TH DAY OF JUNE 2024 / 6TH ASHADHA, 1946
WP(C) NO. 11345 OF 2015
PETITIONER:
K.ABDUL AZEEZ
S/O.AHAMMED KOYA, KOROTH HOUSE, VATTOLY BAZAR PO,
BALUSSERY, KOZHIKODE.
BY ADVS.
SRI.K.M.FIROZ
SRI.S.KANNAN
SMT.M.SHAJNA
RESPONDENTS:
1 BALUSSERY GRAMA PANCHAYAT
BLOCK PANCHAYATH OFFICE, BALUSSERY-673 001,
KOZHIKODE, REP. BY ITS SECRETARY.
2 THE ASSISTANT ENGINEER
LOCAL SELF GOVERNMENT DEPARTMENT, SUB DIVISION,
BALUSSERY, KOZHIKODE DISTRICT-673 001.
3 THE ASSISTANT ENGINEER
BLOCK DEVELOPMENT OFFICE, BALUSSERY, KOZHIKODE
DISTRICT-673 001.
4 THE EXECUTIVE ENGINEER
CONVENER, DISTRICT LEVEL TECHNICAL COMMITTEE
(DLTC) KOZHIKODE, OFFICE OF THE EXECUTIVE
ENGINEER, PUBLIC WORKS DEPARTMENT (ROAD
DIVISION), KOZHIKODE-673 001.
5 DISTRICT LEVEL TECHNICAL COMMITTEE DLTC KOZHIKODE
REP. BY ITS CONVENER, OFFICE OF THE EXECUTIVE
ENGINEER, PUBLIC WORKS DEPARTMENT (ROAD
DIVISION), KOZHIKODE-673 001.
6 THE DEPUTY SUPERINTENDENT OF POLICE
VIGILANCE AND ANTI CORRUPTION BUREAU, NORTHERN
RANGE, KOZHIKODE-673 001.
OTHER PRESENT:
SRI.BIMAL K NATH-SR.GP
WP(C) NO.11345 OF 2015
-: 2 :-
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 27.06.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
M.A.ABDUL HAKHIM, J.
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WP(C).No.11345 of 2015
-------------------------------
Dated this the 27th day of June, 2024
JUDGMENT
1. The Petitioner has filed this writ petition seeking
a direction to the 6th Respondent to communicate
the report of the outcome of the Vigilance Enquiry
mentioned in Ext.P2 to respondents 1, 4 and 5 and
direct respondents 4 and 5 to take immediate
decision based on such report and to release
payment to the petitioner. The petitioner has also
sought direction to respondent No.1 to 5 to
disburse the amount due to the petitioner,
including retention amount, with 24% interest and
compensation.
2. This writ petition was filed on 06/04/2015. The
contract work was of the year 2003-2004. It is
clear from Exts.P1 and P2 that, the work was with
WP(C) NO.11345 OF 2015
respect to construction of a Bridge and the
Authorities have no complaint against the Bridge. A
Statement was filed by the 6th respondent dated
26/06/2015 stating certain irregularities in the
document were revealed pursuant to the surprise
checks conducted on 23/02/2006, 25/03/2006 and
21/04/2006 by the Assistant Executive Engineer, PWD
Roads Sub Division, Koyilandy; that the petitioner
has received excess amount of Rs.41,305/-
3. I heard Sri.Firoz.K.M, the counsel for the
petitioner and also Sri.Bimal K Nath, the learned
Senior Government Pleader.The Senior Government
Pleader, on instructions, submits that, even now
the Vigilance Enquiry is pending.
4. The counsel for the petitioner submitted that, on
account of the pendency of the writ petition, he
has not even submitted the final bill also.
WP(C) NO.11345 OF 2015
5. On account of the long pendency of the matter,long
delay in completing the vigilance enquiry and in
view of Exhibits.P1 and P2 documents showing that
there is no objection with respect to the
construction of the Bridge, I dispose of this writ
petition directing the petitioner to submit the
final bill within one month from today and direct
the 1st respondent to process the same in accordance
with the law within a period of three months from
the date of receipt of the said final bill,
ignoring the pendency of the Vigilance Enquiry in
the matter. The 1st respondent is free to deduct
the excess payments made to the petitioner if any
found by him.
Sd/-
M.A.ABDUL HAKHIM
JUDGE
rsr
WP(C) NO.11345 OF 2015
APPENDIX OF WP(C) 11345/2015
PETITIONER EXHIBITS
EXT P1 : TRUE COPY OF THE COMMUNICATION
DATED 5.8.2006 ISSUED BY THE 4TH
RESPONDENT TO THE FIRST RESPONDENT.
EXT P2 : TRUE COPY OF THE COMMUNICATION
DATED 7.8.2006 ISSUED BY THE FIRST
RESPONDENT TO THE 6TH RESPONDENT.
