Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS MONDAY, THE 6TH DAY OF NOVEMBER 2023 / 15TH KARTHIKA, 1945 WP(C) NO. 10944 OF 2023 PETITIONER:
RAMESH S., AGED 40 YEARS, SON OF SREE VALLABHAN, RESIDING AT SREE BHAVAN HOUSE, THULAMPARAMPU NORTH, MANNARASSALA P.O., HARIPAD, PIN – 690 514.
BY ADVS.
K.N.RAJANI SAJEN THAMPAN TOM MATHEW DEEPU ANIL RESPONDENTS:
1 STATE OF KERALA, REPRESENTED BY ITS SECRETARY, LOCAL SELF GOVERNMENT DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN – 695 001.
2 RURAL DEVELOPMENT COMMISSIONER AND MISSION DIRECTOR, MAHATMA GANDHI NATIONAL RURAL EMPLOYMENT GUARANTEE SCHEME, FIRST FLOOR, PUNARJANI, T.C.26/1333(2), PANAVILA JUNCTION, THIRUVANTHAPURAM, PIN – 695 001.
3 THRIKKUNNAPUZHA GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, THRIKKUNNAPPUZHA P.O., PIN – 690 515.
BY ADVS. SR.GP.PREETHA K.K.
PUBLIC PROSECUTOR K. R. Sunil
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06.11.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP© 10944/2023 2 BECHU KURIAN THOMAS, J ......….............................................
W.P.(C).No.10944 of 2023 …................................................
Dated this the 6th day of November, 2023 JUDGMENT Petitioner is alleged to have supplied materials to the 3rd respondent for implementation of Mahatma Gandhi National Rural Employment Guarantee Act, Scheme [M.G.N.R.E.G.A].
He claims that even after doing the work for an amount of Rs.50,37,010/- he has not been paid the amount legitimately due to him.
2. A counter affidavit has been filed contending that an amount of Rs.4,13,781/- was credited into the account of the petitioner on 23.05.2020, while another amount of Rs.4,29,381/- was attempted to be credited, but the transfer could not be effected due to some technical error and the said amount is still due to the petitioner. As far as the remaining amounts claimed by the petitioner is concerned, it is stated that, there is a dispute regarding the materials supplied, as respondents alleged that
WP© 10944/2023 3 such materials have not been supplied at all by the petitioner.
It was further pleaded by the respondents that a portion of the amounts claimed by the petitioner are disputed a vigilance enquiry has been instituted as requested by the 2nd respondent.
3. Having heard Sri.K.N.Rajani, the learned counsel for the petitioner, Smt.Preetha K.K., the learned Senior Government Pleader and Sri.K.R.Sunil, the learned Standing Counsel for the 3rd respondent, I am of the view that the entire issue revolves around the amounts due to the petitioner for work allegedly done by him.
4. The 3rd respondent has admitted that an amount of Rs.4,29,381/- was approved on 25.06.2019 and was attempted to be transferred, but could not be transferred due to a technical glitch. As far as the remaining amounts are concerned there is a serious dispute on the liability of the 2nd respondent to pay the amount.
5. Petitioner is alleged to have supplied materials, which respondents are denying. Therefore, except for the admitted amount, this Court cannot, under Article 226 of the
WP© 10944/2023 4 Constitution of India direct payment of the disputed amounts.
6. Hence, there will be a direction to the 3rd respondent to approve the GST bill submitted by the petitioner on 23.02.2019 for Rs.429,381/-. There will be a further direction that after approval of bill, the 2nd respondent shall disburse the amount of Rs.4,29,381/ to the petitioner without delay. As far as the remaining claims are concerned, the petitioner is at liberty to initiate proceedings, in accordance with law before the appropriate forum.
7. Reserving the said liberty, the writ petition is disposed of with the above directions.
BECHU KURIAN THOMAS JUDGE AMV/09/11/2023
WP© 10944/2023 5 APPENDIX OF WP(C) 10944/2023 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE QUOTATION ISSUED BY THE 3RD RESPONDENT DATED 14.03.2018.
EXHIBIT P2 TRUE COPY OF THE APPLICATION SEND BY THE PETITIONER TO THE RTI OFFICER OF THE 3RD RESPONDENT DATED 05.12.2021.
EXHIBIT P3 TRUE COPY OF THE REPLY ISSUED BY THE RTI OFFICER OF THE 3RD RESPONDENT TO THE PETITIONER DATED 17.02.2022.
EXHIBIT P4 TRUE COPY OF THE REPRESENTATION ISSUED BY THE PETITIONER TO THE 3RD RESPONDENT DATED 01.03.2023.
EXHIBIT P5 TRUE COPY OF THE LETTER ISSUED BY THE STATE BANK OF INDIA, SME MAVELIKARA BRANCH TO THE PETITIONER DATED 20.03.2023 TRUE COPY