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2023 Supreme(Online)(KER) 15743

HIGH COURT OF KERALA
A. Muhamed Mustaque, Shoba Annamma Eapen, JJ
PERUMBADAPPU GRAMA PANCHAYATH
– Appellant
Versus

BASHEER .V – Respondent


Advocates:
C.M.MOHAMMED IQUABAL, P.ABDUL NISHAD, RAIHANATH T.H.ANFAS, C.K. & P.K.IBRAHIM

J U D G M E N T

Dated this 2nd day of March, 2023 A.Muhamed Mustaque, J.

These appeals have been preferred by the Perumbadappu Grama Panchayath and its Secretary. The writ petitioner-Sri.Basheer.V, supplied water during drought in the Panchayath in the year 2017. This was pursuant to an agreement entered with the Panchayat on 04.04.2017. As per the agreement, 2000 litres of water on each trip will have to be distributed in various places within the Perumbadappu Grama Panchayat. The Panchayat committee by a resolution,dated 24.08.2017 (Ext.P1) agreed to pay a total cost of Rs.8,00,000/- (Rupees six lakh only) for the expenses incurred towards the bill claimed by Sri.Basheer. It is acknowledged in the resolution that, Rs.2,00,000/- was paid on 19.06.2017. Since, the balance amount was not paid, Sri.Basheer, approached this Court by a writ petition.

2. It is submitted that on 31.08.2017, another amount of Rs.1,25,000/- was paid, totalling Rs.3,25,000/-. The balance according to Sri.Basheer is Rs.4,75,000/-. But, it is seen that, he has only claimed Rs.4,60,000/- in the writ petition. The learned Single Judge, who heard the matter, allowed the writ petition directing the Panchayat to pay

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