Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN TUESDAY, THE 27TH DAY OF FEBRUARY 2024 / 8TH PHALGUNA, 1945 WP(C) NO. 691 OF 2024 PETITIONER:
UNNI JUDE, AGED 26 YEARS S/O ANTONY JUDE, RESIDING AT: EDAPPARAMBIL HOUSE, KUMBALANGI, ERNAKULAM, PIN - 682007 BY ADV DEEPU LAL MOHAN RESPONDENTS:
1 STATE OF KERALA, REPRESENTED BY THE ADDITIONAL CHIEF SECRETARY TO GOVERNMENT, LOCAL SELF GOVERNMENT DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 2 THE DISTRICT COLLECTOR/CHAIRMAN, DISTRICT DISASTER MANAGEMENT AUTHORITY, COLLECTORATE, KAKKANAD, ERNAKULAM, PIN - 682030 3 CHELLANAM GRAMA PANCHAYAT REPRESENTED BY ITS SECRETARY, ANDIKADAVU P.O., ERNAKULAM, PIN - 682008 4 THE SECRETARY, CHELLANAM GRAMA PANCHAYAT, ANDIKADAVU P.O., ERNAKULAM, PIN - 682008 BY ADVS.
DINESH R.SHENOY P.ROHIT PREMANANDAN SHENOY(K/000195/2017) SILESH S. PRABHU(K/510/2020) JOMOL PIUS(K/002269/2022) HELAN PAULOSE(K/001621/2023) MANOJ.R(K/000423/2023)
W.P(C).691/2024 2 OTHER PRESENT:
SRI RIYAL DEVASSY, GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P(C).691/2024 3 P. V. KUNHIKRISHNAN, J.
------------------------------------------- W.P(C).No.691 of 2024 ------------------------------------------- Dated this the 27th day of February, 2024 JUDGMENT The above Writ Petition is filed with the following prayers:
(i) To issue a Writ of Mandamus or other appropriate writ, order or direction directing the Respondents to forthwith disburse to the Petitioner the entire amounts due in respect of the subject work (including GST) along with current market rate of interest from the date on which the same became due, within a time frame to be fixed by this Hon'ble Court.
(ii) To order the cost of the proceedings under Rule 157 of the Kerala High Court Rules.
(iii) To issue such other and further relief's as may be prayed for from time to time.
(iv) To dispense with the translation of the documents produced by the petitioner in vernacular language.
[SIC] 2.
The main prayer in this petition is to issue direction to the respondent to disburse the entire amount due to the petitioner
W.P(C).691/2024 4 for the work of construction of sand bunds in various wards in the 3rd respondent/panchayath. The case of the petitioner is that the panchayath admits the amount as evident by Exts.P4 and P5 but the panchayath want approval from the 2nd respondent to disburse the amount and hence Ext.P5 is submitted to the 2nd respondent by the panchayath. The grievance of the petitioner is that the District Collector is not considering Ext.P5.
3.
The counsel appearing for the panchayath submitted that the panchayath already submitted Ext.P5 to the District Collector and based on the decision of the District Collector, eligible amount will be disbursed in accordance with law.
4.
If that is the case, there can be a direction to the 2nd respondent to consider Ext.P5 within a short period and based on the decision of the District Collector, there can be a direction to the panchayath to disburse the eligible amount to the petitioner.
Therefore, this Writ Petition is disposed of with the following directions:
a) The 2nd respondent is directed to consider and pass appropriate orders in Ext.P5 as expeditiously as possible, at any rate within three weeks from the
W.P(C).691/2024 5 date of receipt of a copy of this judgment and communicate the decision to the 3rd and 4th respondents forthwith.
b) Based on the decision of the 2nd respondent, the 3rd and 4th respondents will disburse the eligible amount due to the petitioner, as expeditiously as possible within one month from the date of receipt of the order from the District Collector.
c) The claim of the petitioner for interest is left open.
Sd/- P. V. KUNHIKRISHNAN JUDGE Sbna/
W.P(C).691/2024 6 APPENDIX OF WP(C) 691/2024 PETITIONER EXHIBITS Exhibit-P1 THE PHOTOCOPY OF NOTICE DATED 26-05- 2022 ISSUED BY THE 4TH RESPONDENT Exhibit-P2 THE PHOTOCOPY OF RESOLUTION NO. 6/1 DATED 09-06-2023 OF THE PANCHAYAT COMMITTEE OF 3RD RESPONDENT PANCHAYAT Exhibit-P3 THE PHOTOCOPY OF AGREEMENT NO. 01/23-24 DATED 09-06-2023 ENTERED INTO BETWEEN THE PETITIONER AND THE 4TH RESPONDENT Exhibit-P4 THE PHOTOCOPY OF RESOLUTION NO. 12 (1) DATED 25-08-2023 OF THE PANCHAYAT COMMITTEE OF 3RD RESPONDENT PANCHAYAT Exhibit-P5 THE
PHOTOCOPY
OF
LETTER
NO.
S.C1.3461/23 DATED 03-10-2023 SUBMITTED BY THE 4TH RESPONDENT BEFORE THE 2ND RESPONDENT