IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE WEDNESDAY, THE 21^ST DAY OF FEBRUARY 2024 / 2ND PHALGUNA, 1945 CON.CASE(C) NO. 720 OF 2021 AGAINST THE JUDGMENT DATED 21.10.2020 IN WP(C) 26382/2016 OF HIGH COURT OF KERALA PETITIONER/PETITIONER:

KUNHIMOHAMED .N, AGED 60 YEARS, S/O.LATE KUNHAYAMU HAJI, P.W.D. CONTRACTOR, NEDIYODATHU HOUSE, KURUVATTUR P.O, VALLAPPUZHA, PALAKKAD DISTRICT-679 336 BY ADV P.JAYARAM RESPONDENTS/RESPONDENTS:

1 SUBRAMANYAN.K.C, AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONER, ASST. EXECUTIVE ENGINEER, LOCAL SELF GOVERNMENT DEPARTMENT, OTTAPALAM-679 101, NOW WORKING AS EXECUTIVE ENGINEER, PROGRAM IMPLEMENTATION UNIT, PMGSY LSGD, PALAKKAD-678

001

2 ANUSHA R.(DELETED), AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONER, THE ASST. ENGINEER, LOCAL SELF GOVERNMENT DEPARTMENT, VALLAPPUZHA, PALAKKAD DISTRICT NOW WORKING AS ASST. ENGINEER, LSGD SECTION, PUDUNAGARAM GRAMA PANCHAYATH, P.O.

PUDUNAGARAM-678 503 RESPONDENT NO.2 REMOVED FROM THE PARTY ARRAY VIDE ORDER DTD 21/1/2022 IN IA 1/21.

ADDL.R3 SREEKUMAR, THE SECRETARY, VALLAPUZHA GRAMA PANCHAYATH, P.O. VALLAPUZHA, PALAKKAD DISTRICT, PIN - 679 336.

ADDL.R3 IS IMPLEADED VIDE ORDER DATED 1.11.2023 IN I.A.1/2023 IN COC 720/2021.

BY ADVS.

LINDONS C.DAVIS KEERTHI M.

ARJUN RAJA P.C.(K/843/2019)

N.RAGESH(K/000694/2007)

THIS CONTEMPT OF COURT CASE (CIVIL) HAVING BEEN FINALLY HEARD ON 21.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

J U D G M E N T

This Contempt Case was filed as there was delay in disbursing the amount pursuant to the work undertaken by the petitioner for road maintenance in Vallapuzha Grama Panchayath. Assistant Engineer filed an affidavit stating that nothing is available on record to show that any work has been done. However, it is to be noted that this Court, in the judgment itself noted the communication issued by the Panchayath wherein they admitted the work undertaken and payment was refused for the reason that there were complaints against the work undertaken.

2. It is to be noted that the Panchayth had not initiated any action for the loss alleged to have been suffered as bill amounts were admittedly not paid. The Panchayath had filed an affidavit before this Court in the Contempt proceedings. Paragraph two and three of the said affidavit reads thus:

“2. It is submitted that, the total work assigned to the petitioner herein was for the metalling and tarring of Alamkunnu road and it was given as 2 tenders of Rs.3,00,000/- each and both the tenders were approved on 31.07.2015. therefore, the total amount to be paid with respect 2 tenders is Rs.6,00,000/-

3. It is submitted that, the said amount can be released in two installments from the road maintenance grant of the Panchayath allocated for the project in two financial years. But, it will require at least 6 months time to release the 1^st installment of Rs.3,00,000/- to the petitioner as the scheme of the project has to be amended and approved.”

In the light of the affidavit there shall be a direction to the Panchayth to clear the amount as undertaken in the affidavit. Accordingly, the Contempt Case is closed.

Sd/-

A.MUHAMED MUSTAQUE JUDGE PR APPENDIX OF CON.CASE(C) 720/2021 PETITIONER ANNEXURES ANNEXURE A1 COPY OF JUDGMENT DATED 21.10.2020 IN W.P.C NO. 26382 OF 2016, HIGH COURT OF KERALA.