Kerala High Court
Anu Babu vs The Nedumbana Grama Panchayath on 11 September, 2024
2024:KER:69554
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
WEDNESDAY, THE 11TH DAY OF SEPTEMBER 2024 / 20TH BHADRA, 1946
W.P.(C) NO.23294 OF 2024
PETITIONERS:
ANU BABU,
AGED 45 YEARS
BABU BHAVANAM, NALLILA NORTH,NALLILA P.O, KOLLAM, PIN -
691515
BY ADVS.
V.PREMCHAND
HALIYA T.P.
MAHADEV M.J.
RESPONDENTS:
1 THE NEDUMBANA GRAMA PANCHAYATH,
NEDUMBANA P O KOLLAM DISTRICT , REPRESENTED BY
SECRETARY NEDUMBANA GRAMA PANCHAYATH, PIN - 691576
2 THE SECRETARY,
THE NEDUMBANA GRAMA PANCHAYATH, NEDUMBANA P O KOLLAM
DISTRICT, PIN - 691576
3 THE ASSISTANT ENGINEER,
LOCAL SELF GOVERNMENT DEPARTMENT, THE NEDUMBANA GRAMA
PANCHAYATH, NEDUMBANA P O KOLLAM DISTRICT, PIN - 691576
4 THE DIRECTOR IF VIGILANCE AND ANTI-CORRUPTION BUREAU,
VIKAS BHAVAN,LAW COLLEGE ROAD,PALAYAM,
THIRUVANANTHAPURAM,, PIN - 695033
BY ADV RENJITH KUMAR V
SMT.DEVISHRI.R.,GOVERNMENT PLEADER,
SRI.V.RENJITH KUMAR, STANDING COUNSEL.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
11.09.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P(C)No.23294 of 2024
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MOHAMMED NIAS C.P., J
..................................................
W.P(C)No.23294 of 2024
.............................................................
Dated this the 11th day of September, 2024
JUDGMENT
The petitioner was awarded the work of maintenance
of the Pallivettakavu- Asan Mukku Road as per the project in
the 2022-2023 Annual plan after obtaining a Technical
Sanction for Rs. 5,80,000/- (Rupees Five Lakhs Eighty
Thousand only). Since the work was spilled over to 2023-
2024, there was a hike of 6% GST in 2023-2024. The
petitioner submits that he has successfully completed the
work by August 2023. Thereafter, some persons filed a
complaint regarding the work before the Vigilance to conduct
an enquiry, and nothing incriminating against the petitioner
was found. The petitioner had submitted the final bill for the
year, but the same has not been released to date.
2. A counter affidavit has been filed on behalf of the
Panchayat, wherein it is stated that the work could not be
completed in 2022-23 and was spilled over to 2023-24, which
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resulted in a hike of 6% GST. Hence, instead of
retarring/concreting the entire road having a length of 434
meters, the road was tarred for 352 meters, leaving the first
82 meters. The Panchayat claims a technical sanction was
obtained for the same and it was subsequently ratified by the
Panchayat Committee. The Panchayat also submits that the
Assistant Engineer can sanction the bill after obtaining
clearance from the Vigilance Department, in case there is any
complaint. The Panchayat further submits that no adverse
report has been received against the work completed by the
petitioner.
3. A statement has been filed on behalf of the 4 th
respondent, Director of Vigilance and Anti-Corruption Bureau,
wherein it is stated that in order to ascertain the quality and
thickness of the concrete as well as the chipping carpet work,
core samples were collected from the site and produced
before the Assistant Executive Engineer, PWD, Quality Control
Wing for scientific examination and result. Later, the results
were obtained, which showed a satisfactory completion of the
work. However, allegations are raised against the 3 rd
respondent, the implementing officer of the work, who
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escalated from the approved estimate by carrying out the
maintenance work 82 meters away from the Pallivettakavu
junction and extending it to Asan Mukku. It is also alleged
that the 3rd respondent failed to record the measurements of
the work in the M-book in time, even after completion of the
entire work. This was seen as a violation of Rule 15(6) of
Kerala Panchayat Raj (Execution of Public Works) Rules, 1997,
and also Section 189(a) of the Kerala Financial Code, Vol-I. It
was also stated that the Deputy Superintendent of Police had
submitted a report to the Director of Vigilance and Anti-
Curruption Bureau, with a specific recommendation to the
Chief Engineer, LSGD, to seek an explanation from the
Assistant Engineer for the aforementioned violations.
4. Taking note of the contentions raised above, it is
clear that there is no allegation against the petitioner either
in the statement of the Panchayat or on behalf of the
Vigilance about the quality of work carried out by the
petitioner. In case the Vigilance finds that the 3 rd respondent
has breached any regulation in force, it is open to the
Government to take proceed against the 3 rd respondent, in
accordance with law, which cannot be a reason for
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withholding the payment of the petitioner. In the absence of
any allegation against the petitioner, it has to be taken that
he has satisfactorily completed the work. In this case, he has
to be paid the amounts due to him for the completed work.
Accordingly, there will be a direction to respondents 1 to 3 to
release the amount based on the final bill submitted by the
petitioner with respect to the work Pallivettakavu-Asan Mukku
Road maintenance under the Annual plan for the year 2022-
23 in Ward No.23 of Nedumbana Grama Panchayat, within
four weeks from the date of receipt of a copy of this
judgment.
This writ petition is allowed as above.
Sd/-
MOHAMMED NIAS C.P.
JUDGE
RPR/-
2024:KER:69554
APPENDIX OF WP(C)NO.23294/2024
PETITIONER EXHIBITS
EXHIBIT-P1 A TRUE COPY OF THE PETITION DATED
25.03.2024 BEFORE THE ASSISTANT ENGINEER,
NEDUMBANA GRAMA PANCHAYATH
