Muhammed Haneefa vs. District Collector - Kerala High Court, 03 February 2022

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH THUR AY, THE 3RD DAY OF FEBRUARY 2022 / 14TH MAGHA, 1943 WP(C) NO. 23575 OF 2021 PETITIONER/S: MUHAMMED HANEEFA AGED 37 YEARS S/O. YOUSAF PERUKULATHIL, PADUVATHIL HOUSE, ELOOKARA, MUPPATHADOM PO, ALUVA, ERNAKULAM-683 110. BY ADV K.V.RASHMI RESPONDENT/S: 1 DISTRICT COLLECTOR ERNAKULAM , CIVIL STATION, KAKKANAD PO, COCHIN-682 030. 2 THE DISTRICT DIRECTOR OF PANCHAYAT ERNAKULAM SECOND FLOOR, CIVIL STATION, KAKKANAD PO, COCHIN-682 030. 3 KADUNGALLOOR GRAMA PANCHAYAT REPRESENTED BY ITS SECRETARY, MUPPATHADOM PO, ALUVA, ERNAKULAM-683 110. 4 PANCHAYAT STANDING COMMITTEE KADUNGALLOR GRAMA PANCHAYAT, REPRESENTED BY ITS SECRETARY, MUPPATHADOM PO, ALUVA, ERNAKULAM-683 110. 5 ASSISTANT ENGINEER LOCAL SELF GOVERNMENT DEPARTMENT, KADUNGALLOR GRAMA PANCHAYAT, MUPPATHADOM PO, ALUVA, ERNAKULAM-683 110. BY ADV DINESH MATHEW J.MURICKEN OTHER PRESENT: SRI.APPU PS, GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03.02.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C) NO. 23575 OF 2021 2 JUDGMENT Dated this the 3rd day of February, 2022 The petitioner was entrusted with construction of aluminium partitiion at Anwar Memorial Palliative Care Centre under the Government Scheme of CFLTC. The petitioner promptly completed the work. Even after ten months, the Bill submitted by the petitioner has not been settled. The petitioner states that it was a work undertaken by the petitioner as an emergency work, in the backdrop of the Covid-19 pandemic. The deliberate delay on the part of the respondents 3 to 5 in honouring the bill of the petitioner, is highly arbitrary and unreasonable, contended the petitioner.

The learned counsel for the petitioner submits that subsequent to the filing of the writ petition, the respondents issued Ext.P10 communication to the petitioner requiring to make available related GST Bills. The petitioner made available Ext.P11 GST Invoice as required by the 3rd respondent. Yet the amount is not paid.

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The learned Standing Counsel for respondents 3 and 4 submitted that the Bill of the petitioner could not be processed only due to the fact that the petitioner could not provide supporting documents along with the Bill. The GST Invoice was submitted after the filing of the writ petition. If the petitioner further produces Bills relating to purchase of aluminium fabrication materials, then the Bill can be processed and a final decision can be taken, within a further period of two weeks.

In the facts and circumstances of the case, this Court is of the view that no adjudication is necessary in this writ petition at this stage. The writ petition is accordingly disposed of permitting the petitioner to make available the Bills relating to purchase of aluminium fabrication materials before the 3rd respondent. Respondents 3 to 5 shall process the Bill immediately on receipt of the said Bills and pay the admitted amount to the petitioner, within a period of two weeks. N.NAGARESH, JUDGE hmh

WP(C) NO. 23575 OF 2021 4 APPENDIX OF WP(C) 23575/2021 PETITIONER EXHIBITS Exhibit P1 AOF THE COMMUNICATION ISSUED BY THE SECRETARY OF THE 3RD RESPONDENT TO THE 5TH RESPONDENT. Exhibit P2 AOF THE ESTIMATE DATED NIL PREPARED AND SUBMITTED BY THE 5TH RESPONDENT. Exhibit P3 AOF THE COMPLETION CERTIFICATE ISSUED BY THE 5TH RESPONDENT SHOWING THAT THE WORK WAS COMPLETED ON 26.11.2020. Exhibit P4 AOF THE REPRESENTATION DATED 24.6.2021 SUBMITTED BEFORE THE SECRETARY TO THE 3RD RESPONDENT WITH ACKNOWLEDGMENT. Exhibit P5 AOF THE MINUTES DATED 9.8.2021 OF THE 3RD RESPONDENT. Exhibit P6 AOF THE REPORT DATED 1.9.2021 SUBMITTED BY THE 5TH RESPONDENT. Exhibit P7 AOF THE ACKNOWLEDGMENT RECEIVED FROM THE OFFICE OF THE LOCAL SELF GOVERNMENT DEPARTMENT DATED 13.10.2021. Exhibit P7(A) AOF THE ACKNOWLEDGEMENT RECEIVED FROM THE OFFICE OF THE HEALTH DEPARTMENT DATED 6.10.2021. Exhibit P7(B) AOF THE SMS PRINTOUT RECEIVED FROM THE OFFICE OF THE CHIEF MINISTER. Exhibit P8 AOF THE REPRESENTATION DATED 10.9.2021 SUBMITTED BEFORE THE IST RESPONDENT.