Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN TUESDAY, THE 19TH DAY OF DECEMBER 2023 / 28TH AGRAHAYANA, 1945 WP(C) NO. 41231 OF 2023 PETITIONER:
SABU P R, AGED 50 YEARS, S/O RAGHAVAN, AROTHIPARAMBIL HOUSE, KAITHARAM PO, NORTH PARUR, ERNAKULAM, PIN – 683519.
BY ADV K.V.RASHMI RESPONDENTS:
1 EXECUTIVE ENGINEER, LOCAL SELF GOVERNMENT DEPARTMENT DIVISION, DISTRICT PANCHAYAT OFFICE, KAKKANAD, ERNAKULAM, PIN – 682030.
2 ASSISTANT EXECUTIVE ENGINEER, LOCAL SELF GOVERNMENT DEPARTMENT DIVISION, DISTRICT PANCHAYAT OFFICE, KAKKANAD, ERNAKULAM, PIN – 682030.
3 ASSISTANT ENGINEER, LSGD SUB DIVISION, VYPIN BLOCK PANCHAYAT, AYYAMPILLY, ERNAKULAM, PIN – 682501.
4 CHIEF ENGINEER, LOCAL SELF GOVERNMENT DEPARTMENT, 5TH FLOOR, SWARAJ BHAVAN, NANTHANCODE, KAUDIAR PO, THIRUVANANTHAPURAM, PIN – 695003.
SMT K R DEEPA SPL GP(LSGD) THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19.12.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 41231 OF 2023 -2- JUDGMENT When this matter was called today, Smt.K.R.Deepa – learned Special Government Pleader for Local Self Government Department, submitted that the petitioner’s claims have already been acceded to by the respondents, by allotting an amount of Rs.29,69,918/-, which includes the tax component at the rate of 18%; and that, if the petitioner applies for it under the ‘Bill Counting System’, along with a consent for such purpose and his Bank details, same can be disbursed to him without any avoidable delay.
2.
Smt.K.V.Rashmi – learned counsel for the petitioner, submitted that her client will accept the afore figure, however, without acceding that it is the final amount;
and therefore, prayed that he be given
WP(C) NO. 41231 OF 2023 -3- liberty to litigate for any balance, which he may be entitled to, in due course.
In the afore circumstances, I order this writ petition in the following manner:
(a) I grant liberty to the petitioner to apply for disbursement of the aforementioned amount of Rs.29,69,918/-, which is stated to include GST component of 18%, through the ‘Bill Accounting System’, by providing necessary bank details and consent letter to the 4th respondent.
(b) On the petitioner making the afore application, the 4th respondent will ensure that the eligible amounts are disbursed to the petitioner within a period of one month thereafter.
(c) Needless to say, the right of the petitioner to seek any further amounts, than
WP(C) NO. 41231 OF 2023 -4- the one mentioned above, is left open to be pursued through alternative Forums; for which purpose, all contentions in that regard are left undecided.
Sd/- DEVAN RAMACHANDRAN JUDGE akv
WP(C) NO. 41231 OF 2023 -5- APPENDIX OF WP(C) 41231/2023 PETITIONER EXHIBITS EXHIBIT-P1 A TRUE COPY OF THE AGREEMENT ALONG WITH THE WORK MEMO DATED 04.11.2020 EXHIBIT-P2 A TRUE COPY OF THE EXTENSION APPLICATION WITH COVER NOTE DATED NIL SUBMITTED BY THE PETITIONER SEEKING TIME EXTENSION TILL 10.08.2021 EXHIBIT-P3 A TRUE COPY OF THE EXTENSION APPLICATION ALONG WITH COVER NOTE DATED NIL SEEKING TIME UP TO 10.02.2022 EXHIBIT-P4 A TRUE COPY OF THE REQUEST WITH COVER NOTE DATED NIL SUBMITTED BY THE PETITIONER SEEKING EXTENSION TILL 30.11.2022 EXHIBIT-P5 A TRUE COPY OF THE SANCTION LETTER DATED NIL ISSUED BY THE 2ND RESPONDENT EXHIBIT-P6 A TRUE COPY OF THE COMMUNICATION DATED 29.04.2023 ISSUED BY THE 1ST RESPONDENT AND TYPED VERSION EXHIBIT-P7 A TRUE COPY OF THE REPRESENTATION DATED 05.06.2023 SUBMITTED BEFORE THE 1ST RESPONDENT EXHIBIT-P8 A TRUE COPY OF THE COMMUNICATION DATED 12.07.2023 ISSUED BY THE OFFICE OF THE 1ST RESPONDENT EXHIBIT-P9 A TRUE COPY OF THE REPLY DATED 14.08.2023 SUBMITTED BEFORE THE 1ST RESPONDENT