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2021 Supreme(Online)(KER) 51235
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH FRIDAY, THE 26TH DAY OF FEBRUARY 2021/7TH PHALGUNA, 1942
WP(C).No.35196 OF 2015(Y) PETITIONER: K.RAVINDRAN, S/O.LATE KRISHNAN NAIR, AGED 38 YEARS, KUNHIKKARA HOUSE, CHERKALA, CHENGALA P.O., KASARAGOD DISTRICT,PIN 671 541.
BY ADVS.
SRI.BABU JOSEPH KURUVATHAZHA SRI.P.T.ABHILASH RESPONDENTS: 1 GOVERNMENT OF KERALA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF LOCAL SELF GOVERNMENT, GFOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695 001. 2 DISTRICT COLLECTOR, COLLECTORATE, CIVIL STATION, KASARAGOD 671 123. 3 CHENGALA GRAMA PANCHAYAT, CHENGALA P.O., KASARAGOD DISTRICT,PIN 671 541, REPRESENTED BY ITS SECRETARY ASSISTANT EXECUTIVE ENGINEEER, LSGD SUB DIVISION, KASARAGOD,PIN 671 121.
DISTRICT LEGAL SERVICES AUTHORITY, DISTRICT COURT COMPLEX, KASARAGOD,PIN 671 123. R1-R2 BY GOVERNMENT PLEADER SMT. DEEPA NARAYANAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
26.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
JUDGMENT
Dated this the 26 th day of February, 2021
The petitioner who is Convener of a Beneficiary Committee, approached this Court seeking to direct respondents 1 to 4 to disburse the amount covered by
Ext.P4 bill to the petitioner forthwith, with interest at minimum treasury rate with effect from 11.05.2011.
2. The petitioner would state that the work entrusted to him was satisfactorily completed through the Beneficiary Committee. From the pleadings and arguments made at the Bar, it is evident that the work was completed on 10.05.2011. The administrative sanction for the work was issued only in 2014. It is for the reason that the petitioner has satisfactorily completed the work even before administrative sanction was given for the work, that the respondents have taken objection. Completion of work by the petitioner was inspected and certified in the year 2015 and the respondents had found some defects in the work. However by that time the defect liability period was over. It was under such circumstances, the payment to the petitioner was withheld.
3. I have heard the learned counsel for the petitioner and the learned Government Pleader for the respondents.
4. When this writ petition came up for hearing today, the learned Government Pleader made available an order dated 11.12.2014 issued by the District Collector, Kasaragod. The decision of the District Collector is that there is no objection for the payment of final bill amount to the Beneficiary Committee without interest.
5. In the order dated 11.12.2014, the District Collector has stated that the work was completed even before administrative sanction was granted and the concerned Panchayat Secretary is being proceeded against for permitting such work without administrative sanction.
The Government has considered the entire issue and in the facts of the case, has decided that the amount can be paid to Convener of the Beneficiary Committee.
6. In the circumstances, I find that this writ petition can be disposed of directing the respondents to disburse the amount due to the petitioner under Ext.P4 bill without interest within a period of six weeks.
It is made clear that the petitioner will be at liberty to approach the competent forum if he has any claim for interest. Any observation made in this judgment should not be treated as pronouncement on merits, on the claim of the petitioner for interest.
Sd/- N. NAGARESH JUDGE
APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1 TRUE COPY OF THE PROCEEDING DATED
20/12/2010 OF THE 4TH RESPONDENT EXHIBIT P2 TRUE COPY OF THE DETAILED ESTIMATE PREPARED BY THE ASSISTANT ENGINEER, LSGSD,CHENGALA SECTGION ATTACHED TO THE 3RD RESPONDENT PANCHAYAT.
EXHIBIT P3 TRUE COPY OF THE AGREEMENT NO.14//2010- 11 DATED 23//12/2010 EXECUTED BETWEEEN THE PETITIONER AND 3RD RESPONDENT EXHIBIT P4 TRUE COPY OF THE BILL PREPARED BY THE ASSISTANT ENGINEER UNDER THE 3RD RESPONDENT AND SIGNED BY THE ASSISTANT ENGINEEER AS WELL AS THE 3RD RESPONDENT DATED 11/5/2011 EXHIBIT P5 TRUE COPY OF THE LETTER DATED 16/9/2011 OF THE 3RD RESPONDENT FORWARDED TO THE 2ND RESPONDENT EXHIBIT P6 TRUE COPY OF THE LETTER DATED
21//10//2011 OF THE 4TH RESPONDENT FORWARDED TO THE ASSISTANT DEVELOPOMENT COMMISSIONER KASARAGOD.
EXHIBIT P7 TRUE COPY OF PROCEEDINGS DATED 9/11/2010 OF
THE ASSISTANT DEVELOPMENT COMMISSIONER, KASARAGOD FORWARDED TO THE 3RD RESPONDENT EXHIBIT P7(a) TRUE COPY OF THE PROCEEDING DATED 9/10/2012 OF THE 2ND RESPONDENT FORWARDED TO THE PRINCIPAL SECRETARY, FINANCE DEPARTMENT EXHIBIT P8 TRUE COPY OF THE LETTER DATED 22/10/2011 ISSUED BY THE ASSISTANT DEVELOPOMENT COMMISSIONER (GENERAL), KASARAGOD TO THE PETITIONER EXHIBIT P9 TRUE COPY OF THE LETTER DATED 8/12/2011 OF THE 2ND RESPONDENT FORARDED TO THE PRINCIPAL SECRETARY, FINANCE DEPARTMENT EXHIBIT P10 TRUE COPY OF THE LETTER
