IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 14TH DECEMBER 2010 / 23RD AGRAHAYANA 1932 WP(C).No. 1533 of 2008(G) ------------------------------------- PETITIONER: ------------------- T.K. ALIKUTTY, S/O. THONIKKADAVATH MOHAMMED HAJI, AGED 48 YEARS, ATHAVANAD AMSOM, DESOM, P.O. ATHAVANAD,PIN-676 310, TIRUR TALUK, MALAPPURAM DISTRICT. BY ADV. SRI.JACOB SEBASTIAN. RESPONDENTS: ------------------------ 1. THE COMMISSIONER FOR VILLAGE AND RURAL DEVELOPMENT, OFFICE OF THE COMMISSIONER OF RURAL DEVELOPMENT, L.B.S. COMPOUND, THIRUVANANTHAPURAM. 2. THE SECRETARY, PALAKKAD BLOCK PANCHAYATH, KALLEKKAD, PALAKKAD. 3. THE EXECUTIVE ENGINEER, P W D ROADS DIVISION, D L T A G, PALAKKAD. R1 & R3 BY GOVT. PLEADER SMT. RANI DIOTHIMA. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.1533/2008-G: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE COMPLETION CERTIFICATE DTD. 23/06/2007. EXT.P.2: COPY OF THE CIRCULAR DTD. 26/06/2007. EXT.P.3: COPY OF THE LETTER DTD. 29/11/2007 OF THE R.2. EXT.P.4: COPY OF THE REPRESENTATION DTD. 22/08/2007 SUBMITTED BY THE PETITIONER. EXT.P.5: COPY OF THE REPRESENTATION DTD. 23/11/2007 SUBMITTED BY THE PETITIONER. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.1533/2008-G ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 14th day of December, 2010 J U D G M E N T The petitioner herein is a PWD and Government Contractor. The prayer in the writ petition is for a direction to the second respondent to pay the pending bills which were not being honoured in the light of paucity of funds. The work in question was of Parassery-Tripalamanda-Pulpatta Rural Road under RIDF VIII Scheme. It was assisted by the Panchayat. Ext.P1 is the completion certificate of the year 2007. Even though the bills were forwarded in time, no payment was effected and, untimately, the petitioner filed Ext.P4 representation. After Ext.P4 was submitted, the second respondent released payment of part bill for Rs.5,85,168/- but the balance of Rs.4,89,673/- was not paid. Thereafter, he filed a fresh representation as per Ext.P5 and, since the same did not evoke any response, this writ petition has been filed. 2. After notice to the parties, this Court passed an interim order dated 06/03/2008 directing the second respondent to take up Ext.P5 and release all amounts W.P.(C). No.1533/2008 -:2:- found due within a period of three weeks. In response to the notice issued by this Court, the Secretary of the Palakkad Block Panchayat has forwarded along with a letter dated 26/03/2008 addressed to the Registrar, proceedings dated 26/03/2008. It evidences the fact that in terms of the directions of the interim order passed by this Court, a resolution was taken by the Panchayat on 24/03/2008 granting sanction to effect payment of the retained amount of Rs.4,89,673/-. It is also mentioned in the letter that necessary bill will be prepared and submitted to Sub Treasury, Palakkad for favour of its encashment and remitted in the Current A/c.No.190 being operated with the Canara Bank, Kallekkad Branch as well as payment effected to the petitioner. Therefore, it is evident that the payment has been effected already. If any further grievance is there, for the petitioner, it will be open for him to approach the second respondent. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms