Kerala High Court
P. C.Mathew vs The District Collector on 8 August, 2025
Author: C.S.Dias
Bench: C.S.Dias
WP(C) NO. 693 OF 2025
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
FRIDAY, THE 8TH DAY OF AUGUST 2025 / 17TH SRAVANA, 1947
WP(C) NO. 693 OF 2025
PETITIONER/S:
P. C.MATHEW,
AGED 68 YEARS
S/O CHANDY, PWD CONTRACTOR, PUNNAPUZHA HOUSE,
KILLIMANGALAM P.O, THRISSUR DISTRICT, PIN - 680591
BY ADVS.
SHRI.C.A.JOJO
SRI.S.JIJI
SHRI.JOSEPH ANU A.A
RESPONDENT/S:
1 THE DISTRICT COLLECTOR,
THRISSUR COLLECTORATE, AYYANTHOLE, AYYANTHOLE P.O,
THRISSUR (DT), PIN - 680003
2 KADANGODE GRAMA PANCHAYATH,
KADANGODE, VELLARKAD P.O, THRISSUR (DT), REPRESENTED
BY ITS SECRETARY, PIN - 680584
3 THE BLOCK PROGRAMME OFFICER,
CHOWANNOOR BLOCK PANCHAYATH, CHOWANNOOR, KANIPYYUR
P.O, THRISSUR (DT), PIN - 680517
4 CHOWANNOOR BLOCK PANCHAYATH,
CHOWANNOOR, KANIPYYUR P.O, THRISSUR (DT),
REPRESENTED BY ITS SECRETARY, PIN - 680517
5 MISSION DIRECTOR,
MGNREGS- KERALA, OFFICE OF THE MISSION DIRECTOR,
WP(C) NO. 693 OF 2025
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SWARAJ BHAVAN, 5TH FLOOR, NANTHANCODU,
THIRUVANANTHAPURAM (DT), PIN - 695033
6 ASSISTANT EXECUTIVE ENGINEER,
KADANGODE GRAMA PANCHAYATH, KADANGODE, VELLARKAD
P.O,THRISSUR (DT), PIN - 680584
BY ADVS.
GOVERNMENT PLEADER
SHRI.R.RAJPRADEEP
SHRI.P.M.JOSHI
SHRI.SACHIN RAMESH
SMT.SREEDEVI S.
SMT.SIJI K.PAUL
SMT.SRUTHI SUNILKUMAR
SHRI. C. GOKULKRISHNAN
SHRI.SURESH MATHEW
OTHER PRESENT:
SR.GP.SMT.PREETHA K.K
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
08.08.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 693 OF 2025
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C.S.DIAS, J.
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WP(C) No. 693 OF 2025
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Dated this the 8th day of August, 2025
JUDGMENT
The writ petition is filed to direct the 2 nd respondent
to pay the petitioner Rs.3,22,038/- with interest, within one
month.
2. The petitioner had entered into Ext.P2 agreement
with the 2nd respondent, to supply material for concreting a
road. The work was completed and the bills were
forwarded for payment. But the same has not been paid till
date, despite repeated reminders and complaints. Hence,
the writ petition.
3. By order dated 07.03.2025, this Court directed
the respondents to make an earnest effort to resolve the
technical errors in their system and see that the admitted
amounts are paid to the petitioner.
4. When the writ petition came up for consideration
on 11.04.2025, this Court observed that, Rs.3,22,038/- is
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admittedly payable by the 2nd respondent. However, due to
the technical defects in the MIS software, the amount
could not be paid to the petitioner. Again this Court
ordered the technical difficulties to be resolved and the
amount to be released to the petitioner within two months
from 11.04.2025.
5. Today, (08.08.2025) also it is reported that the
technical difficulties have not been resolved till date.
6. Heard; the learned Counsel for the petitioner and
the learned Senior Government Pleader.
7. The learned Senior Government Pleader submits
that she has been instructed that, the 2 nd respondent -
Panchayat may be directed to pay the admitted amount to
the petitioner and the said amount would be reimbursed by
the Government, once the technical difficulties are
resolved.
8. The learned Standing Counsel for the Panchayat
submits that, the Panchayat is ready to pay the amount, but
on condition that the petitioner executes an indemnity
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bond in favour of Panchayat, undertaking to repay the
amount, in case there is a future dispute.
On a consideration of the facts and materials on
record, and the rival submissions made across the Bar, I
dispose of this writ petition, by directing the 2 nd respondent
Panchayat to pay the petitioner the admitted amount within
two weeks from today, subject to the condition that the
petitioner executes a simple bond in favour of the 2 nd
respondent Panchayat undertaking to indemnify the
Panchayat in case there is any dispute in the claim. It is
further directed that, as soon as the technical difficulties
are resolved, the 1st respondent shall reimburse the 2nd
respondent, the amount paid to the petitioner.
The writ petition is ordered accordingly.
sd/-
C.S.DIAS, JUDGE
rkc/08.08.25
WP(C) NO. 693 OF 2025
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APPENDIX OF WP(C) 693/2025
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE AGREEMENT BETWEEN THE
2ND RESPONDENT AND THE PETITIONER DATED
30.11.2018
Exhibit P2 A TRUE COPY OF THE REMINDER SUBMITTED TO
THE 4TH RESPONDENT BY THE 2ND RESPONDENT
IS DATED 28.05.2021
Exhibit P3 A TRUE COPY OF THE COMPLAINT SUBMITTED TO
THE OMBUDSMAN DATED 18.11.2022
Exhibit P4 A TRUE COPY OF THE NOTICE ISSUED BY THE
OMBUDSMAN TO THE 2ND RESPONDENT DATED
10.11.2022
Exhibit P5 A TRUE COPY OF THE REMINDER SUBMITTED TO
THE 4TH RESPONDENT BY THE 2ND RESPONDENT
DATED 03.03.2023
Exhibit P6 A TRUE COPY OF THE LETTER SUBMITTED TO THE
2ND RESPONDENT DATED 11.06.2024
Exhibit P7 A TRUE COPY OF THE COMPLAINT SUBMITTED TO
THE 1ST RESPONDENT DATED 29.06.2024
Exhibit P8 A TRUE COPY OF THE COMPLAINT SUBMITTED TO
THE 5TH RESPONDENT DATED 14.11.2024
Exhibit P9 A TRUE COPY OF THE COMPLAINT SUBMITTED TO
THE OMBUDSMAN DATED 21.06.2024
Exhibit P10 A TRUE COPY OF THE COMPLAINT SUBMITTED TO
THE MINISTER FOR DEPARTMENT OF LOCAL
ADMINISTRATION ON 14.11.2024
RESPONDENT EXHIBITS
Exhibit R2(a) A true copy of the letter submitted before
the Secretary, Block Panchayath dated
12/11/2019
Exhibit R2(b) A true copy of the Letter No.
Mgnregs/244/24-25 dated 01/03/2025
Exhibit R2(c) A true copy of the letter issued to the
5th Respondent dated 16/04/2025
