Kavumoola Water Supply Scheme, ... vs The Principal Secretary
2024 Latest Caselaw 26761 Ker

Kerala High Court

Kavumoola Water Supply Scheme, ... vs The Principal Secretary on 5 September, 2024

WP(C) NO. 2107 OF 2024

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                                                       2024:KER:67523

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

              THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.

    THURSDAY, THE 5TH DAY OF SEPTEMBER 2024 / 14TH BHADRA, 1946

                         WP(C) NO. 2107 OF 2024

PETITIONER:

          KAVUMOOLA WATER SUPPLY SCHEME,
          REPRESENTED BY ITS CONVENOR, K.K. BABU,
          AGED 63 YEARS
          S/O. KUTTAPPAN , KOLLAMKUZHIYIL HOUSE,
          WARD NO.17, THOMATTUCHAL DESOM,
          AMBALAVAYAL PANCHAYATH, AMBALAVAYAL P.O.,
          WAYAND, PIN - 673593


          BY ADVS.
          ELDHO PAUL
          TESSY JOSE


RESPONDENTS:

    1     THE PRINCIPAL SECRETARY,
          DEPARTMENT OF LOCAL SELF GOVERNMENT INSTITUTIONS,
          SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001

    2     AMBALAVAYAL GRAMA PANCHAYATH,
          REPRESENTED BY THE SECRETARY,
          AMBALAVAYAL P.O., WAYANAD, PIN - 673593

    3     THE SECRETARY,
          AMBALAVAYAL GRAMA PANCHAYATH,
          AMBALAVAYAL P.O., WAYANAD, PIN - 673593

    4     THE ASSISTANT ENGINEER,
          LSGD SECTION, AMBALAVAYAL GRAMA PANCHAYATH,
          AMBALAVAYAL P.O., WAYANAD, PIN - 673593

    5     THE ASSISTANT EXECUTIVE ENGINEER,
 WP(C) NO. 2107 OF 2024

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            LSGD SUB DIVISION, SULTHAN BATHERI,
            WAYANAD, PIN - 673593


            BY ADVS.
            VINOD SINGH CHERIYAN
            T.M.KHALID
            K.P.SUSMITHA


OTHER PRESENT:

            SMT.PREETHA K.K., SR.GP


     THIS   WRIT   PETITION   (CIVIL)   HAVING   BEEN   FINALLY   HEARD   ON
05.09.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 2107 OF 2024

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                           MOHAMMED NIAS C.P, J.
                          ========================
                          W.P.(C) No. 2107 of 2024
                          ========================
                  Dated this the 5th day of September, 2024


                                 JUDGMENT

The writ petition is filed claiming an amount of Rs.2,37,695/- due from

the respondents for completing the works with respect to "Kavumoola Water

Supply Scheme", done by the petitioner.

2. The learned counsel for the Panchayat submits that on 13.06.2024,

they had paid the entire amount to the petitioner which was disputed by the

learned counsel for the petitioner and therefore, an order was passed directing

the petitioner and respondents to file an affidavit as regards the payment.

3. The petitioner has filed an affidavit on 18.06.2024 stating that after

the filing of the writ petition, an amount of Rs.2,06,849/- was released on him on

13.06.2024, but an amount of Rs.42,160/- towards the electricity charges was not

paid.

4. An affidavit was filed by respondents 2 and 3 in compliance with the

above order stating that the entire amount as per the bill which was received

from the 5th respondent and approved as Ext.R2(a) was paid, and the contention

of the petitioner that the amount of Rs.42,160/- is outstanding towards the WP(C) NO. 2107 OF 2024

2024:KER:67523

electricity charges is wrong as an amount of Rs.42,850/- was included in Ext.R2(a)

bill under serial No.13.

5. On consideration of the affidavits filed by the parties along with

Ext.R2(a) bill submitted by the petitioner and approved by the 5th respondent, it

is clear that the entire amounts are paid by the respondents.

Accordingly, nothing further remains to be considered in this writ

petition and the same is accordingly, closed.

Sd/-

MOHAMMED NIAS C.P

JUDGE

LU WP(C) NO. 2107 OF 2024

2024:KER:67523

APPENDIX OF WP(C) 2107/2024

PETITIONER EXHIBITS :

EXHIBIT P1 TRUE COPY OF THE COMMUNICATION DATED 04.07.2017 SENT BY THE 4ND RESPONDENT TO THE 5TH RESPONDENT

EXHIBIT P2 TRUE COPY OF THE ELECTRICITY BILL FOR RS.42.160/- DATED 04.03.2016 ISSUED BY THE K.S.E.B

EXHIBIT P3 TRUE COPY OF THE REPRESENTATION DATED 19.04.2022 SENT BY THE PETITIONER TO THE 1ST RESPONDENT

EXHIBIT P4 A TRUE COPY OF THE JUDGMENT IN W.P.(C) NO.16181/2022 DATED 13.01.2023

RESPONDENT ANNEXURES :

ANNEXURE R2(A) COPY OF THE BILL RECEIVED FROM THE 5TH RESPONDENT ASSISTANT EXECUTIVE ENGINEER, LSGD SUB DIVISION, SULTHAN BATHERY

// True Copy // PA To Judge