Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN MONDAY, THE 5TH DAY OF DECEMBER 2022 / 14TH AGRAHAYANA, 1944 WP(C) NO. 7612 OF 2022 PETITIONER:
BISMI S. BABY, AGED 40 YEARS S/O.BABY, VEMPUZHAPARAMBIL, VALIYAPARAMBU P.O, THRIKKUNNAPPUZHA.
BY ADVS.
R.SUNIL KUMAR A.SALINI LAL RESPONDENTS:
1 STATE OF KERALA, REP. BY SECRETARY TO GOVERNMENT DEPARTMENT OF LOCAL SELF GOVERNMENT , GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695 001.
2 THE SECRETARY, THRIKKUNNAPUZHA GRAMA PANCHAYATH, THRIKKUNNAPUZHA 688 561 3 ADDL.R3, MISSION DIRECTOR MAHATMA GANDHI NREGA, STATE MISSION, 5TH FLOOR, SWARAJ BHAVAN, NANTHANCODE, KOWDIAR P.O, THIRUVANANTHAPURAM- 695 003.
4 ADDL R4, DISTRICT PROGRAM CORDINATOR, MAHATMA GANDHI NREGA, CIVIL STATION, ALAPPUZHA-688001.
5 ADDL R5, JOINT PROGRAMME CORDINATOR, MAHATMA GANDHI NREGA, CIVIL STATION, ALAPPUZHA-688 001.
ADDL R3 TO ADDL R5 IMPLEADED AS PER ORDER DATED 25-11- 2022 IN IA 1/2022 IN WP(C)7612/2022.
BY ADV K. R. Sunil OTHER PRESENT:
SRI.K.M.FAISAL, GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05.12.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C). No. 7612 of 2022 2 P.V.KUNHIKRISHNAN, J.
---------------------------------------- WP(C). No. 7612 of 2022 ---------------------------------------------- Dated this the 5th day of December, 2022 JUDGMENT The writ petition is filed with the following prayers:
“(i) To issue a writ of mandamus or any other appropriate writ, order or direction directing the respondents to pay an amount of Rs. 11,41,203.41/- with interest at the rate of 12% forthwith.
(ii) To issue a writ of mandamus or any other appropriate writ, order or direction, directing the 2nd respondent to issue fund transfer order forthwith.
(iii) Pass such other orders as this Hon’ble court deems fit and proper in the facts and circumstances of the case.”[SIC] 2. Petitioner is aggrieved by the act of the respondents in not giving the fund transfer order and the amount due to the petitioner in connection with the gravelling and metalling construction of
WP(C). No. 7612 of 2022 3 Warriamkode Road-Akkanteparambu road. It is the case of the petitioner that, for the gravelling and metalling of warriamkode road under the Mahatma Gandhi National Rural Employment Guarantee Scheme 2020-2021 a tender was called for and the petitioner got the tender and quotation was confirmed on 14.02.2020. The length of the road was 499 meter, so the work was allotted as 3 reaches. The 1st reach was for 166 meter, 2nd reach was for 166 meter and the 3rd reach was for 167 meter. The work was allotted for an amount of Rs. 4.99 lakhs per stage. The EMD for the three reaches was Rs.
68,000/- which the petitioner was given as bank guarantee. It is the case of the petitioner that he has executed 3 agreement for the 3 reaches. Ext.P2 is the agreement dated 19.03.2020 and Exts.P3 and P4 are the other agreements. After executing the agreement, the 2nd respondent issued the supply order and Ext.P5 is the copy of the letter of the 2nd respondent. But the cost of the materials was not given to the petitioner as per the measurement. Copy of the details of the work along with questions obtained under the Right to Information Act is produced as Ext.P6 in the writ petition.
WP(C). No. 7612 of 2022 4 Petitioner after accepting the work completed the same within 3 months. After completing the work the officers attached to the 2nd respondent measured the length and width and approved an amount of Rs. 3,68,985.25/- for the 1st reach as evident by Ext. P7 M-Book.
For the 2nd reach after measuring the length and width an amount of Rs. 3,88,596.33/- was approved as per Ext.P8. For the 3rd reach after measuring the length and width an amount of Rs.3,89,621.83/- was approved. Ext.P9 is the M-Book. According to the petitioner a total amount of Rs.11,41,203.41/- is due to the petitioner. The amount is not paid to the petitioner. Hence this writ petition is filed.
3. When this writ petition came up for consideration, the learned counsel appearing for the panchayath submitted that the bill for payment of the amount is already forwarded to the 5th respondent as per proceedings No. SC 3-2378/2022 dated 04-11- 2022.
4. It is submitted by the learned counsel appearing for the 2nd respondent that the respondent Nos. 3 to 5 have to sanction the amount and once the amount is received, the panchayath will release
WP(C). No. 7612 of 2022 5 the same to the petitioner. It is also submitted that the EMD amount of Rs. 68,000/- is already released. If that is the case, there can be a direction to the respondents 3 to 5 to process the bill within a time frame and disburse the amount to the 2nd respondent panchayath and there can be a further direction to the 2nd respondent panchayath to pay the amount to the petitioner after getting the amount.
Therefore this writ petition is disposed of with following directions:
1) There will be a direction to the respondent Nos. 3 to 5 to process the bill bearing No. SC 3-2378/2022 dated 04-11-2022 submitted by the 2nd respondent as expeditiously as possible at any rate within one month from from the date of receipt of a copy of this judgment.
2) Within the above period itself respondent Nos. 3 to 5 should intimate the result to the 2nd respondent. If the bill is sanctioned, the 3rd respondent will give the necessary permission to the 2nd respondent to upload all the bills through FTO (Fund Transfer Order) during the above period itself. Once the amount is received,
WP(C). No. 7612 of 2022 6 the 2nd respondent will pay the amount to the petitioner within two weeks from the date of receipt of the amount from respondent Nos.
3 to 5.
Sd/- P.V.KUNHIKRISHNAN JUDGE
mtk
WP(C). No. 7612 of 2022 7 APPENDIX OF WP(C) 7612/2022 PETITIONER EXHIBITS Exhibit P1 COPY OF THE BANK GURANTEE DATED 2.3.2020.
Exhibit P2 COPY OF THE AGREEMENT NO. 13847 DATED 19.03.2020.
Exhibit P3 COPY OF THE AGREEMENT NO. 13848 DATED 19.3.2020.
Exhibit P4 COPY OF THE AGREEMENT NO. 13849 DATED 19.3.2020.
Exhibit P5 COPY OF THE LETTER OF THE 2ND RESPONDENT DATED 10.06.2020.
Exhibit P6 COPY OF THE DETAILS OF THE WORK ALONG WITH QUESTIONS OBTAINED UNDER THE RIGHT TO INFORMATION ACT, DATED 31.8.2021.
Exhibit P7 COPY OF THE M-BOOK FOR THE 1ST REACH.
Exhibit P8 COPY OF THE M-BOOK OF THE 2ND REACH Exhibit P9 COPY OF THE M-BOOK FOR THE 3RD REACH Exhibit P10 COPY OF THE RECEIPT SHOWING THE PAYMENT OF GST DATED 28.12.2021.
Exhibit P11 COPY OF REPLY ISSUED UNDER RIGHT TO INFORMATION ACT ALONG WITH QUESTIONS DATED 17.2.2022.