Boban Varkey vs. The Peruvanthanam Grama Panchayath - Kerala High Court, 14 February 2022

WP(C) NO. 1120 OF 2021 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN MONDAY, THE 14TH DAY OF FEBRUARY 2022 / 25TH MAGHA, 1943 WP(C) NO. 1120 OF 2021 PETITIONER/S: BOBAN VARKEY AGED 56 YEARS S/O.LATE VARKEY, PATHICKAL, PALOORKAVU, IDUKKI, PIN 685532 BY ADV K.R.SUNIL RESPONDENT/S: 1 THE PERUVANTHANAM GRAMA PANCHAYATH PERUVANTHANAM P.O., IDUKKI DISTRICT, PIN 685 532 2 THE SECRETARY PERUVANTHANAM GRAM PANCHAYATH, PERUVANTHANAM P.O., IDUKKI DISTRICT, PIN 685 532 3 MINISTRY OF RURAL DEVELOPMENT GOVERNMENT OF INDIA, KRISHI BHAVAN, DR. RAJENDRA PRASAD ROAD, NEW DELHI 110 001, REP.BY ITS SECRETARY 4 THE MAHATMA GANDHI NATIONAL RURAL EMPLOYMENT GUARANTEE SCHEME (KERALA), 5TH FLOOR, SWARAJ BHAVAN, NANTHANCODE KOWDIAR P.O., THIRUVANANTHAPURAM, PIN 695 003 REP.BY ITS MISSION DIRECTOR 5 THE DISTRICT PROGRAM CO-ORDINATOR THE MAHATMA GANDHI NATIONAL RURAL EMPLOYEMENT GUARANTEE SCHEME, DISTRICT PANCHAYATH BUILDING, PAINAVU P.O., IDUKKI DISTRICT, PIN 685 603 6 THE BLOCK PROGRAM OFFICER OFFICE OF THE BLOCK PROGRAM OFFICER, AZHUTHA, PEERUMEDU P.O., IDUKKI, PIN 685 531 BY ADVS.

WP(C) NO. 1120 OF 2021 2 NIDHIN RAJ VETTIKKADAN B.PRAMOD, CGC GOVERNMENT PLEADER C.S.AJITH PRAKASH OTHER PRESENT: SRI.JOBY JOSEPH, GP SRI.C.S.AJITH PRAKASH,1&2 SRI.B.PRAMOD CGC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14.02.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C) NO. 1120 OF 2021 3 P.V.KUNHIKRISHNAN, J -------------------------------------------- W.P.(C.) No. 1120 of 2021 -------------------------------------- Dated this the 14th day of February, 2022 JUDGMENT The above writ petition is filed with following prayers :

“1. To issue a Writ of Mandamus, Order or Directions, directing the 1st and 2nd respondents to forthwith pay the outstanding amount of Rs.59,51,095/- due to the petitioner.

To issue an order restraining the 1st and 2nd respondents from engaging any new contractors/work, till the settlement of the entire dues of the petitioner.

Such other orders, directions deem fit on facts and in the interests of justice.

To declare that all the respondents herein are jointly and severally liable to pay the amounts due to the petitioner demanded in Exts.P8 to P14 bills pursuant to Exhibits P3 to P17 work orders under Exhibit P15 agreement amended as per order dated 20.10.2021 in IA 4/2021 in WPC 1120/2021.”

After hearing both sides, I think there is serious dispute about the amount due to the petitioner. In such circumstances, I am not in a position to decide the matter. The petitioner is free to approach the civil court to redress his grievance. All the contentions raised by the petitioner in this writ petition are left open.

WP(C) NO. 1120 OF 2021 4 Therefore, this writ petition is closed, granting liberty to the petitioner to approach the competent court. P.V.KUNHIKRISHNAN

JUDGE SKS

WP(C) NO. 1120 OF 2021 5 APPENDIX OF WP(C) 1120/2021 PETITIONER EXHIBITS EXHIBIT P1 THEOF THE C CLASS LICENCE ISSUED BY THE PUBLIC WORKS DEPARTMENT TO THE PETITIONER EXHIBIT P2 THEOF THE GST REGISTRATION DETAILS OF THE PETITIONER EXHIBIT P3 THEOF THE WORK ORDER DATED 14.1.2020 ISSUED BY THE 2ND RESPONDENT ON BEHALF OF THE 1ST RESPONDENT EXHIBIT P4 THEOF THE WORK ORDER ISSUED BY THE 1ST RESPONDENT DATED 9.3.2020 EXHIBIT P5 THEOF THE WORK ORDER ISSUED BY THE 1ST RESPONDENT DATED 15.3.2018 EXHIBIT P6 THEOF THE WORK ORDER ISSUED BY THE 1ST RESPONDENT DATED 15.3.2018 EXHIBIT P7 THEOF THE WORK ORDER ISSUED BY THE 1ST RESPONDENT DATED 2.3.2020 EXHIBIT P8 THEOF THE FINAL BILL SUBMITTED BY THE PETITIONER FOR VELLANI ROAD DATED 2.11.2020 (RS.4,04,980/-) EXHIBIT P9 THEOF THE FINAL BILL SUBMITTED BY THE PETITIONER FOR BIJU LASKHMANAN ROAD DATED 21.11.2020 (RS.2,47,373/-) EXHIBIT P10 THEOF THE FINAL BILL SUBMITTED BY THE PETITIONER FOR PAIKUZHI ROAD DATED 29.4.2020 (RS.3,33,898/-) EXHIBIT P11 THEOF THE FINAL BILL SUBMITTED BY THE PETITIONER FOR KADAMANKULAM CHECKDAM FOR RS.4,69,081/- DATED 24.11.2020

WP(C) NO. 1120 OF 2021 6 EXHIBIT P12 THEOF THE FINAL BILL SUBMITTED BY THE PETITIONER FOR MANICKAL DAM RS.21,24,271/- DATED 10.4.2020 EXHIBIT P13 THEOF THE FINAL BILL SUBMITTED BY THE PETITIONER FOR PALOORKAVU CHECK DAM FOR RS.3,05,150/- DATED 23.3.2020 EXHIBIT P14 THEOF THE FINAL BILL SUBMITTED BY THE PETITIONER FOR KODIKUTHI COLONY RS.1,67,985/- DATED 28.7.2020 Exhibit P15 THEOF THE AGREEMENT DATED 9/8/2019 EXECUTED BY THE 1ST RESPONDENT WITH THE PETITIONER. Exhibit P16 THEOF THE NOTICE PUBLISHED BY THE 1ST RESPONDENT DATED 30/9/2021 RESPONDENT'S EXHIBITS : EXT.R2(A) AOF THE AGREEMENT DATED 26.11.2021 EXECUTED BETWEEN THE 2ND RESPONDENT AND THE NEON TECHNOLOGY.