IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 26TH AUGUST 2009 / 4TH BHADRA 1931 WP(C).No. 23270 of 2008(T) -------------------------- PETITIONER(S): --------------- A. MANAF, PWD CONTRACTOR, KODIVILA VEEDU, NJAVELIKONAM, KILIMANOOR.P.O, THIRUVANANTHPURAM. BY ADV. SRI.S.RAMESH BABU RESPONDENT(S): --------------- 1. PAZHAYAKUNNUMMEL GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, PANCHAYATH OFFICE, PAZHAYAKUNNUMMEL, KILIMANOOR.P.O. 2. THE ASSISTANT ENGINEER, LOCAL SELF GOVERNMENT DEPARTMENT, PAZHAYAKUNNUMMEL GRAMA PANCHAYATH PANCHAYATH OFFICE, PAZHAYAKUNNUMMEL, KILIMANOOR.P.O. 3. THE CHAIRMAN, DEVELOPMENT STANDING COMMITTEE, PAZHAYAKUNNUMMEL GRAMA PANCHAYATH PANCHAYATH OFFICE, PAZHAYAKUNNUMMEL, KILIMANOOR.P.O 4. THE CHAIRMAN, MONITORING COMMITTEE, PAZHAYAKKUNNUMMEL GRAMA PANCHAYATH, PANCHAYATH OFFICE, PAZHAYAKUNNEMMEL, KILIMANOOR.P.O. ADV. SRI. K.SIJU FOR R1 TO 4 SRI.PRATHEESH.P FOR R1 TO 4 SRI.A.MUHAMMED RAFFI FOR R1 TO 4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).No. 23270/08 APPENDIX PETITIONER(S)' EXHIBITS P1. COPY OF THE SELECTION NOTICE DTD.5.1.08. P1A. COPY OF THE -DO- DTD.5.1.08. P1B. COPY OF THE -DO- P2. COPY OF THE DRAFT AGREEMENT. P3. COPY OF THE LETTER DTD.25.3.08 TO R2. P4. COPY OF THE LETTER DTD.20.5.08 TO R2. RESPONDENT(S)' EXHIBITS: R1D. COPY OF THE DECISION NO.1(3) DTD.24.10.08 OF THE PANCHAYAT COMMITTEE. sdk+ ///True copy/// P.A. to Judge S.SIRI JAGAN, J. ================== W.P(C).No.23270 of 2008 ================== Dated this the 26th day of August, 2009 J U D G M E N T The petitioner is a PWD contractor who has undertaken four works on behalf of the 1st respondent Panchayat. The petitioner's grievance in this writ petition is that in spite of completion of the works satisfactorily, the amounts due to the petitioner have not been paid yet. 2. A counter affidavit has been filed by the respondents disputing certain claims of the petitioner. The petitioner has filed reply also. 3. Pursuant to the orders in I.A.No.9864/2009, the 1st respondent has produced the files relating to the subject also. 4. After perusing the files, the learned counsel for the petitioner submits that the 1st respondent may be directed to pay to the petitioner the admitted amounts within a time frame leaving the petitioner to resort to civil remedies for recovery of the balance. The 1st respondent has no objection to the said course of action. Accordingly, this writ petition is disposed of with the following directions: The 1st respondent shall pay to the petitioner admitted amounts due to the petitioner for the works executed by the petitioner on behalf 2 of the 1st respondent, as expeditiously as possible, at any rate, within two months from the date of receipt of a certified copy of this judgment. If the petitioner has any claim in respect of any balance amount, it would be open to the petitioner to approach the civil court for appropriate reliefs. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge