IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR WEDNESDAY, THE 1ST JUNE 2011 / 11TH JYAISHTA 1933 WP(C).No. 14251 of 2011(F) -------------------------------------- PETITIONER: ------------------- K.VIJAYAN, AGED 46 YEARS, POTTANCHIRAYIL VEEDU, VENGODE, PANACHAMOODU P.O., VELLARADA, THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.GEORGE MECHERIL. RESPONDENTS: ------------------------ 1. VELLARADA GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, PANACHAMOODU P.O., VELLARADA, THIRUVANANTHAPURAM DISTRICT - 695 001. 2. THE SECRETARY, VELLARADA GRAMA PANCHAYATH, P.O.PANACHAMOODU, VELLARADA, THIRUVANANTHAPURAM DISTRICT - 695 001. 3. THE AGRICULTURAL OFFICER, KRISHI BHAVAN, VELLARADA GRAMA PANCHAYATH, P.O.PANACHAMOODU, THIRUVANANTHAPURAM DISTRICT - 695 101. 4. THE OMBUDSMAN FOR LOCAL SELF GOVERNMENT INSTITUTIONS, THIRUVANANTHAPURAM. R1 & R2 BY ADV. SRI. J.S. AJITH KUMAR, R4 BY GOVT. PLEADER SRI. A.J. VARGHESE. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/06/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. C.T.RAVIKUMAR, J. -------------------------------------- W.P.(C).NO.14251 OF 2011 --------------------------------------- Dated this the 1st day of June, 2011 JUDGMENT The petitioner who was awarded the work of construction of an Agricultural Marketing Centre (Farmers Stall) at Panachamood by the first respondent panchayath filed this Writ Petition on being aggrieved by the delay in the matter of disbursement of the arrears of bill submitted by him after completion of the said work. 2. A counter affidavit has been filed in this Writ petition by the first respondent. Evidently, the claim of the petitioner is for an amount of Rs.8,82,325/-. In paragraph 4 of the counter affidavit filed by the first respondent, it is admitted that an amount of Rs.8,80,336/- is due to the petitioner for disbursement. The contention of the first respondent is that the said amount was not disbursed to the petitioner on account of paucity of funds. The learned counsel for the petitioner, in the said circumstances, submitted that the first respondent may be directed to disburse the aforesaid amount admitted in the counter affidavit, within the period fixed by this Court. That apart, it is prayed that the respondents may also be directed to release the security deposit of Rs.1,00,000/- made by the petitioner in W.P.(C).No.14251/2011 2 respect of the said work in terms of agreement No.KBV 1/08-09 dated 2.1.2009 and to take possession of the said building. In view of the said submission, I am inclined to dispose of this Writ Petition as hereunder:- Respondents 1 and 2 shall disburse an amount of Rs.8,80,336/- payable to the petitioner in connection with the aforesaid work executed by him expeditiously, at any rate, within a period of six weeks from the date of receipt of a copy of this judgment. Respondents 1 and 2 shall also release the security deposit of Rs.1,00,000/- made by the petitioner in connection with the said work awarded to him based on the agreement executed by the petitioner and the third respondent bearing No. KBV 1/08-09 within the above stipulated time. Needless to say that the respondents shall also take possession of the building on effecting payment. sd/- (C.T.RAVIKUMAR, JUDGE) spc //true copy// P.A to Judge