Kerala High Court
Basheer .T vs State Of Kerala on 15 October, 2025
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
W.P.(C) No. 18171 of 2025
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 15TH DAY OF OCTOBER 2025 / 23RD ASWINA, 1947
WP(C) NO. 18171 OF 2025
PETITIONER(S):
BASHEER .T.
AGED 69 YEARS
S/O.THAMPI RAWTHER, RESIDING AT
ARIYATHUPADITTATHIL, CHARUMMOODU P.O,
CHUNAKKARA SOUTH, ALAPPUZHA, PIN - 690505
BY ADVS.
SRI.J.JULIAN XAVIER
SRI.FIROZ K.ROBIN
SRI.ROY JOSEPH
SMT.ANIES MATHEW
SHRI.AKHIL P.C.
SMT.ASWATHY SUSAN PAUL
RESPONDENT(S):
1 STATE OF KERALA
REPRESENTED BY SECRETARY, LOCAL SELF
GOVERNMENT DEPARTMENT, GOVERNMENT
SECRETARIATE, THIRUVANANTHAPURAM, PIN - 695001
2 ASSISTANT EXECUTIVE ENGINEER
LSGD, SUB-DIVISION, BHARANIKKAVU BLOCK
PANCHAYAT, CHARUMMOODU P.O., ALAPPUZHA,
PIN - 688001
W.P.(C) No. 18171 of 2025
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3 ASSISTANT ENGINEER
LOCAL SELF GOVERNMENT DEPARTMENT - SECTION,
CHUNAKKARA, GRAMA PANCHAYAT, ALAPPUZHA
DISTRICT, PIN - 690534
4 CHUNAKKARA GRAMA PANCHAYAT
REPRESENTED BY ITS SECRETARY, MANKAMKUZHY
ROAD, CHARUMMOODU, CHUNAKKARA - ALAPPUZHA
DISTRICT, PIN - 690534
5 CO-ORDINATION COMMITTEE
REPRESENTED BY ITS CHAIRMAN, CHUNAKKARA GRAMA
PANCHAYAT MANKAMKUZHY ROAD, CHARUMMOODU,
CHUNAKKARA - ALAPPUZHA DISTRICT, PIN - 690534
BY ADV. SRI.H.VISHNUDAS
SR GP, SMT. VIDYA KURIAKOSE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 15.10.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C) No. 18171 of 2025
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P.V.KUNHIKRISHNAN, J.
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W.P.(C) No. 18171 of 2025
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Dated this the 15th day of October, 2025.
JUDGMENT
This writ petition is filed seeking the following
reliefs:
"i. To issue a writ of mandamus or any other
appropriate writ order or direction directing the
respondents 3 to 5 to pay the amount due to the
petitioner for the work namely ' Chunakkara GP PCP
2017 18 189 Haritha Keralam - Cleaning and Protection
of Vetticode Stream', as recommended in Exhibit P7 by
the Chunakkara Grama Panchayat, within a time frame
fixed by this Hon'ble Court.
ii. Declare that since there is no delay or
latches on the part of the petitioner in carrying out the
work namely ' Chunakkara GP PCP 2017 18 189 Haritha
Keralam - Cleaning and Protection of Vetticode Stream',
as found in Exhibit P7, petitioner is entitled to get
interest at the bank rate for the belated payment.
iii To grant such other reliefs that may be
deemed just and proper by this Hon'ble Court.
iv To dispense with the filing of translation of
vernacular document."[SIC]
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2. The grievance of the petitioner is that, though
he had completed the work, the amount due to him has
not been paid. The petitioner produced Ext.P7 decision
taken by the Panchayat. According to the petitioner, as
per Ext.P7, the petitioner is entitled to the amount due
as per the bill submitted.
3. If that be the case, there can be a direction to
the Panchayat to disburse the admitted amount as
decided in Ext.P7 within a time frame.
Therefore, this Writ Petition is disposed of in the
following manner:
1. The 4th respondent is directed to
disburse the admitted amount due to the
petitioner as decided in Ext.P7, as
expeditiously as possible, at any rate,
within a period of four months from the
date of receipt of a certified copy of this
judgment.
2. The Panchayat should get necessary
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permission, if necessary, from the
appropriate authority during the above
period itself.
Sd/-
P.V.KUNHIKRISHNAN,
JUDGE
DM
Judgment reserved NA
Date of Judgment 15.10.2025
Judgment dictated 15.10.2025
Draft Judgment placed 16.10.2025
Final Judgment uploaded 17.10.2025
2025:KER:76957
APPENDIX OF WP(C) 18171/2025
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE AGREEMENT DATED
03.03.2018 ENTERED IN BETWEEN
PETITIONER AND 3 RD RESPONDENT
EXHIBIT P2 TRUE COPY OF THE LETTER DATED
04.12.2018 ISSUED BY THE 3RD
RESPONDENT TO THE PETITIONER
EXHIBIT P3 TRUE COPY OF THE REVISED ESTIMATE
REPORT FOR THE TENDER WORK PREPARED
BY THE 3 RESPONDENT
EXHIBIT P4 TRUE COPY OF THE DECISION NO.1/5
DATED 09.08.2019 OF THE CHUNAKKARA
GRAMA PANCHAYAT
EXHIBIT P5 TRUE COPY OF THE REPRESENTATION DATED
04.02.2020 SUBMITTED BY THE
PETITIONER BEFORE THE 3RD RESPONDENT
EXHIBIT P6 TRUE COPY OF THE FIXED DEPOSIT
CERTIFICATE DATED 03.03.2020 OF THE
TREASURY SAVING BANK, GOVERNMENT OF
KERALA
EXHIBIT P7 TRUE COPY OF THE DECISION NO.1/22
DATED 13.01.2025 OF THE CHUNAKKARA
GRAMA PANCHAYAT
