Ramesh S. vs. State Of Kerala
Held
The High Court directed the Grama Panchayath to approve the petitioner's GST bill for the admitted amount of Rs. 4,29,381/- and the Rural Development Commissioner to disburse it. For the remaining disputed claims, the petitioner was granted liberty to pursue remedies before the appropriate forum, as the High Court could not adjudicate disputed facts under Article 226.
Facts
The petitioner claimed non-payment for materials supplied to a Grama Panchayath under the MGNREGA scheme, totaling Rs. 50,37,010/-. Respondents admitted Rs. 4,29,381/- was due but couldn't be transferred due to a technical error, while disputing the remaining claims alleging non-supply of materials and instituting a vigilance enquiry.
Key Issues
Whether the petitioner was entitled to payment for materials supplied under the MGNREGA scheme and if the High Court could direct payment for disputed claims under Article 226 of the Constitution of India.
Sections Cited
None
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Heard together (2 matters)
Read from the judgment's own cause title. This page is filed under one of them.
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 ….....................
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