IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI MONDAY, THE 15TH DECEMBER 2008 / 24TH AGRAHAYANA 1930 WP(C).No. 28565 of 2008(A) -------------------------- PETITIONER(S): --------------- M.K.CHANDRABOSE, S/O KUTTY, CONTRACTOR BAPTIST HOME, VALLIYIDU, ANJUMOORTHY, MANGALAM P.O., VADAKKANCHERRY, PALLAKKADU DIST. BY ADV. SRI.JOHN JOSEPH(ROY) RESPONDENT(S): --------------- 1. THE EXECUTIVE ENGINEER, KERALA WATER AUTHROITY (PH) DIVISION, PALAKKAD. 2. THE ASSISTANT ENGINEER,KERALA WATER AUTHROITY (PH) SECTION, ALATHOOR P.O., ALATHOOR. 3. THE VANDAZHI GRAMA PANCHAYATH REPRESENTED BY THE SECRETARY,VANDUZHI GRAMA PANCHAYATH OFFICE, VANDAZHI P.O., VADAKKANCHERRY, PALAKKADU. 4. K.KUMARAN, S/O.KRISHNA, SECRETARY, GANGASWAJALADHARA SAMITHY, RESIDING AT VALLIYOTTIL HOUSE, MUDAPPALLOORE,' VANDUZHI P.O., VADAKKANCHERRY, PALAKKAD. ADV. SMT.S.AMBIKA DEVI, SC KWA FOR R1 & 2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- W.P.(C).28565/2008 -------------------- Dated this the 15th day of December, 2008 JUDGMENT Petitioner claims to have been a contractor for the work called “Ganga Swajaladhara” Scheme formulated by the Central Government and allotted to the third respondent Panchayat. The dispute is regarding the balance amount claimed by the petitioner as due to him for the work done and, which, according to the respondents, is not due to the petitioner. According to the petitioner, though certain amounts have been disbursed, he is entitled to further amount of Rs.2,97,959/-. Hence the writ petition, praying for the following reliefs:- (i). Issue a writ of mandamus or any other writ order or direction, directing Respondents 1 to 3 to disburse the balance amount of Rs.2,97,959/- to the petitioner as reimbursement for the costs of work executed by the petitioner as per Ext.P1 agreement. W.P.(C).28565/2008 2 (ii). Issue a writ, order or direction to respondents to pay interest at the rate of 12% per annum on the amount due to the petitioner from the date of completion/inauguration of the scheme. 2. A counter affidavit has been filed by the first respondent. Paragraph 3 and 6 of the same read as follows:- It is respectfully submitted that Valliyode Ganga Swajaladhara Samithi, Mudapallur P.O. vandazhy, Palakkad District is a registered society under Charitable Societies Act (Reg.No.CA.670.9/2003) intended for the implementation of a mini Water Supply Scheme to provide water supply to 100 families in the area facing acute scarcity of drinking water, vide order No.AS No.W11021/18/05/SW/DWSS-III dated 1.3.2006, sanction has been accorded for implementation of 14 schemes in the District, Amounting to 77.00 lakhs and one such scheme was Ganga swajaladhara Project. An W.P.(C).28565/2008 3 amount of Rs.8.00 lakhs was allotted to the project in which 90% of the share amounting to Rs.7.2 Lakhs is that of Government of India share and the remaining 10% of the project ie Rs.0.80 Lakhs is the Beneficiary Group contribution. Accordingly the Beneficiary Group has remitted Rs.80,000/- in the Swajaladhara account with State Bank of Travancore. Main Branch, Palakkad and Government of India's 1st instalment of Rs.5.40 lakhs was also received. First Respondent, being the Member Secretary of the District Water and Sanitation Mission, is entitled to give technical assistance, scrutiny of the vouchers and releasing funds to the samithi on the basis of the progress of the work in various stages. The Swajaldhara Samithi is empowered to implement/execute the scheme to submit the purchase bills of materials, vouchers for labour charges for scrutiny and to maintain the scheme after completion. If more technical assistance is needed in the execution period, the samithi can entrust technically needed works through persons who are qualified/have experience in implementation of such project. In such cases, samithi execute agreements with W.P.(C).28565/2008 4 these persons and Kerala Water Authority has no connection whatsoever tot he persons with whom the work has been entrusted or agreement entered into (contractor) regarding their payments. Therefore, the petitioner's prayer to take steps to release his payment is not applicable to Kerala Water Authority. On the request of the samithi vide letter dated 28.3.2006 to release the advance amount for proceeding with their project work, an amount of Rs.2.20 lakhs was released to the samithi as 1st advance vide cheque No.28395 dated 30.9.2006. It is respectfully submitted that the project was completed by 10.2006 and 85 families were provided with water connections. The water supply scheme was inaugurated on 28.10.2006. Thereafter, Samithi submitted vouchers, bills etc, which was scrutinized and the amount came to Rs.6,63,879/- valuation assessed. Accordingly, the balance amount of Rs.58,879/- has been released to the Samithi vide cheque No.28860 dated 18.8.2008 keeping an amount of Rs.10,000/- as security deposit. The petitioner's demand of Rs.2,97,959/- due to him is not applicable to W.P.(C).28565/2008 5 Kerala Water Authority since the eligible amount as per value assessed has already been released to the Samithi who has to disburse the money to him, if any. 3. A reply affidavit has been filed by the petitioner. I heard learned counsel for the petitioner and learned Standing Counsel for the Water Authority. 4. There is a serious dispute as to whether any further amounts are due to the petitioner. In my view, this is a matter which cannot be resolved by recourse to proceedings under Article 226 of the Constitution of India. This is not a case where even admitted amounts have not been disbursed to the petitioner. Even according to the petitioner, substantial portion of the amounts have been disbursed. His entitlement for the remaining, is a matter that is seriously disputed by the respondents. 5. In the result, writ petition is disposed of reserving W.P.(C).28565/2008 6 the liberty to the petitioner to approach the Civil Court for the balance amount, if any, due from the first respondent for the project which he executed in terms of Ext.P1 agreement. V.GIRI, Judge mrcs