A contractor who has completed public works to the satisfaction of the authorities is entitled to payment, and such payment cannot be withheld due to internal administrative disputes or fiscal mismanagement within the municipal governing body.

JUDGMENT

The petitioner is a civil contractor and is engaged in executing public works particularly for Local Self Government Institutions in Pathanamthitta District. The petitioner was entrusted by the 2^nd respondent Municipality for executing various works in connection with the establishment of Sabarimala Edathavalam during 2023-2024 Ext.P2 series are the selection notices and the work orders issued to the petitioner, by the 2^nd respondent Municipality in this regard.

2. Similarly, the petitioner had carried out the very same nature of the work pertaining to the period 2024-2025, and Ext.P7 series are the documents evidencing the same. The grievance of the petitioner is that, despite the fact that, the petitioner had completed the works to the satisfaction of the authorities concerned and the Sabarimala pilgrims have enjoyed the facilities therein, the payments due to the petitioner have not been released so far. This writ petition is submitted by the petitioner in such circumstances seeking the following reliefs:

i. issue writ of mandamus or any other appropriate writ, order or

direction commanding respondents 2 to 4 to release the payment

of Rs.14,77,500.77/- (Rupees Fourteen Lakhs Seventy Seven

Thousand Five Hundred and Seventy Seven paisa only) due to the

petitioner for completing the work awarded as per exhibits P2 and P7 series work orders/letters of acceptance, along with interest thereon at the rate of 12% per annum for the delay in releasing the payment from the dates on which the work was completed;

ii. Issue an appropriate order to dispense with the production of the English Translation of the documents which are in the vernacular language;

and iii. To issue such other reliefs as this Hon’ble Court deems fit and proper to grant in the facts and circumstances of the case.

3. A statement was submitted on behalf of the 1st respondent in response to the averments contained in the writ petition. In paragraphs 3 and 4 the following averments are made.

3. It is submitted that the petitioner, contractor has filed writ petition before this Hon’ble Court for the non disbursal amount due to the contractor in connection with the construction of Sabarimala transit camp during the financial years 2023-2024 and 2024-25. The Secretary, Thiruvalla Municipality reported that the grants sanctioned by the Government through the Finance Department could not be utilized by the Thiruvalla Municipality due to disputes among the members of the Governing Body during 2023-24, financial year. Consequently, the Finance Department in Government withdrew the said grant disbursed to the Municipality. In the above circumstances, the amount could not be released to the contractor until any favourable decision from the Governing Body of Municipality or recouping the amount from the Government/alloting pending grants to the Municipality.

4. It is submitted that in this regard, the Secretary of Thiruvalla Municipality now informed that the matter will be placed before the next meeting of the governing body. It may be submitted that after receiving approval by council and the sanction of funds by Finance Department eligible bills can be settled. In such circumstances, the Finance Department is also a necessary party to the above writ petition. Moreover, there is no admitted bill amounts as alleged by the petitioner.

4. Thus after considering the relevant records and hearing the learned counsel for the petitioner, the learned Government Pleader for the respondent Nos.1 and additional respondents 5 and 6 and the learned Standing Counsel for the respondent Nos.2 to 4, I am of the view that, apparently, there is no dispute with regard to the entitlement of the petitioners to get the amount released. Evidently, the only impediment that stands in the way of