Kerala High Court
Jomy Mathew vs State Of Kerala on 22 October, 2024
Author: V.G.Arun
Bench: V.G.Arun
2024:KER:78560
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
TUESDAY, THE 22ND DAY OF OCTOBER 2024 / 30TH ASWINA, 1946
WP(C) NO. 27418 OF 2024
PETITIONER:
JOMY MATHEW, AGED 46 YEARS,
S/O MATHEW PLATHOTTATHIL HOUSE, POONJAR P.O, MEENACHIL
TALUK, KOTTAYAM DISTRICT, PIN - 686581
BY ADVS.
BABY THOMAS
GEORGE T.J
INDRAJITH S KAIMAL
ALICIA JOSE
AISWARYARAJ
JOHNY GEORGE
NEERAJ J.AKKARA
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT, LOCAL SELF
GOVERNMENT DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 THE DISTRICT COLLECTOR,
KOTTAYAM-KUMILY ROAD, COLLECTORATE,
KOTTAYAM DISTRICT, PIN - 686002
3 PRINCIPAL DIRECTOR,
PRINCIPAL DIRECTORATE, LOCAL SELF GOVERNMENT
DEPARTMENT, SWARAJ BHAVAN, NANTHANCODE, KAWADIAR P.O,
THIRUVANANTHAPURAM, PIN - 695003
4 CHIEF ENGINEER
PWD BUILDINGS,
LMS VELLAYAMBALAM ROAD, PALAYAM,
THIRUVANANTHAPURAM, PIN - 695033
2024:KER:78560
WP(C) NO. 27418 OF 2024
2
5 THE ASSISTANT EXECUTIVE ENGINEER,
L.I.D & E.W SUB DIVISION,
ERATTUPETTA BLOCK PANCHAYATH,
KOTTAYAM DISTRICT, PIN - 686121
6 THE ASSISTANT ENGINEER,
L.S.G.D SUB DIVISION, ERATTUPETTA, KOTTAYAM DIVISION,
KOTTAYAM DISTRICT, PIN - 686121
*7 THE ASSISTANT ENGINEER (DELETED)
L.I.D & E.W SECTION, ERATTUPETTA BLOCK PANCHAYATH,
KOTTAYAM DISTRICT
(THE 7TH RESPONDENT IS DELETED FROM THE PARTY ARRAY AT
THE PETITIONER'S RISK AS PER THE ORDER DATED 08.10.2024
IN IA NO.1/24 IN WP(C) 27418/2024), PIN - 686121
8 THE ASSISTANT ENGINEER,
L.I.D & E.W SECTION, POONJAR,
KOTTAYAM DISTRICT, PIN - 686581
9 THE ASSISTANT ENGINEER
L.I.D & E.W SECTION, THIDANAD GRAMA PANCHAYATH,
KOTTAYAM DISTRICT, PIN - 686123
SRI. AJITH VISWANATHAN, GP.
SRI. GEORGEKUTTY MATHEW, SC FOR THIDANAD GRAMA
PANCHAYATH.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
22.10.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2024:KER:78560
WP(C) NO. 27418 OF 2024
3
JUDGMENT
The petitioner, a Public Works Contractor, had entered
into Exts.P1 to P8 agreements for various works/projects. The
works were completed to the satisfaction of all concerned. The
bills raised by the petitioner having remained unhonoured, the
petitioner submitted Ext.P9 representation. As the representation
is also not being considered, this writ petition is filed.
2. Learned counsel for the petitioner submits that even
though the amount due to the petitioner has been transferred to
the accounts of the 5th and 6th respondents, the same is not
being disbursed.
3. Learned Government Pleader submits that the 6 th
respondent can be directed to disburse the amount.
In view of the above submission, the writ petition is
disposed of, directing the 6th respondent to disburse the amounts
2024:KER:78560
WP(C) NO. 27418 OF 2024
due to the petitioner as per Ext.P14, within two weeks of
receipt of a copy of this judgment.
Sd/-
V.G.ARUN
JUDGE
msp
2024:KER:78560
WP(C) NO. 27418 OF 2024
APPENDIX OF WP(C) 27418/2024
PETITIONER EXHIBITS
Exhibit P1 PHOTOCOPY OF THE AGREEMENT NO.
32/AE/LSGD/ETPA/19-20 DATED 29.11.2019
ENTERED INTO BETWEEN THE PETITIONER AND THE
6TH RESPONDENT
Exhibit P2 PHOTOCOPY OF THE AGREEMENT NO.
37/AE/LSGD/ETPA/20-21 DATED 08.09.2020
ENTERED INTO BETWEEN THE PETITIONER AND THE
6TH RESPONDENT
Exhibit P3 PHOTOCOPY OF THE AGREEMENT NO.
29/AE/LSGD/ETPA/21-22 DATED 04.02.2022
ENTERED INTO BETWEEN THE PETITIONER AND THE
6TH RESPONDENT
Exhibit P4 PHOTOCOPY OF THE AGREEMENT NO.
30/AE/LSGD/ETPA/21-22 DATED 04.02.2022
ENTERED INTO BETWEEN THE PETITIONER AND THE
6TH RESPONDENT
Exhibit P5 PHOTOCOPY OF THE AGREEMENT NO.
16/AE/LID&EW/ETPA/22-23 DATED 09.02.2023
ENTERED INTO BETWEEN THE PETITIONER AND THE
6TH RESPONDENT
Exhibit P6 PHOTOCOPY OF THE AGREEMENT
NO.28/AE/LID&EW/ETPA/22-23 DATED 09.03.2023
ENTERED INTO BETWEEN THE PETITIONER AND THE
6TH RESPONDENT
Exhibit P7 PHOTOCOPY OF THE AGREEMENT NO.
45/AE/LID&EW/ETPA/22-23 DATED 22.03.2023
ENTERED INTO BETWEEN THE PETITIONER AND THE
6TH RESPONDENT
Exhibit P8 PHOTOCOPY OF THE AGREEMENT NO.
46/AE/LID&EW/ETPA/22-23 DATED 22.03.2023
ENTERED INTO BETWEEN THE PETITIONER AND THE
6TH RESPONDENT
2024:KER:78560
WP(C) NO. 27418 OF 2024
Exhibit P9 PHOTOCOPY OF THE REPRESENTATION DATED
27.06.2024 SUBMITTED BY THE PETITIONER BEFORE
THE 6TH RESPONDENT
Exhibit P10 PHOTOCOPY OF THE STATEMENTS OF ACCOUNT DATED
28.02.2024 ISSUED BY THE 5TH RESPONDENT UNDER
THE RIGHT TO INFORMATION ACT, 2005
Exhibit P11 PHOTOCOPY OF THE INFORMATION DATED 21.03.2024
ISSUED BY THE STATE PUBLIC INFORMATION
OFFICER, ERATTUPETTA BLOCK PANCHAYATH UNDER
THE RIGHT TO INFORMATION ACT, 2005
Exhibit P12 PHOTOCOPY OF THE COMMUNICATION DATED
31.05.2024 BETWEEN THE 8TH RESPONDENT AND 5TH
RESPONDENT
Exhibit P13 PHOTOCOPY OF THE COMMUNICATION DATED
31.05.2024 BETWEEN THE 9TH RESPONDENT AND 5TH
RESPONDENT
Exhibit P14 PHOTOCOPY OF THE COMMUNICATION DATED
03.06.2024 SENT BY THE 5TH RESPONDENT TO THE
SECRETARY, ERATTUPETTA BLOCK PANCHAYATH
