IN THE HIGH COURT OF KERALA AT ERNAKULAM
HARISANKAR V. MENON, J
REZVI. M.A – Appellant
Versus
THE STATE OF KERALA – Respondent
WP(C) NO. 42513 OF 2023
| Table of Content |
|---|
| 1. contractor's payment claim and government involvement. (Para 1) |
| 2. government authority on fund closures and non-payment. (Para 2 , 3 , 4) |
JUDGMENT
The petitioner, who is a licenced contractor, had carried out certain construction work with respect to a bus shelter in the Muvattupuzha Municipality under the MPLADS 2018-2019 Scheme pursuant to Ext.P1 sanction order. It is the case of the petitioner that out of the final bill submitted by him, only Rs.30,43,168/- has been paid and therefore, appropriate directions are sought for from the competent among the respondents to satisfy the balance. There is also a prayer for a direction to the respondents to refund the GST paid by the petitioner with respect to the work carried out as above.
2. Heard Smt.Nazeeba O.H, the learned counsel for the petitioner, as well as Sri.T.R.Rajan, the learned Standing Counsel for the 5th respondent Municipality and Sri.Sunilnath, the learned Government Pleader for the State.
3. The learned Government Pleader states that the MP fund has been closed as of now with respect to the Scheme for the year 2018-19 and in such circumstances, no directions can be issued for disbursing the payment on the basis of the afore Scheme.
4. The learned Standing Counsel for the Municipality would also add that the Municipality is only an implementing agency and the question of making payments by the Municipality does not arise at all.
In view of the afore submission, which is not disputed by the learned counsel for the petitioner, I am of the opinion that it is for the petitioner to approach the Government pointing out its predicament. Therefore, this writ petition would stand disposed of directing the petitioner to file an appropriate representation before the 1st respondent within a period of six weeks from today pointing out his grievance as highlighted in this writ petition. Such a representation being filed, the 1st respondent to consider the same and pass appropriate orders, as expeditiously as possible, at any rate, within a period of eight weeks thereafter. Needless to say that the petitioner as well as the State, the Municipality and other related persons also to be granted an opportunity of being heard in the matter.
Sd/-
HARISANKAR V. MENON JUDGE
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