IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN WEDNESDAY, THE 9TH SEPTEMBER 2009 / 18TH BHADRA 1931 WP(C).No. 4634 of 2009(B) ------------------------------------- PETITIONER(S): ---------------------- RAJU GEORGE, THURUTHYIL HOUSE THIRUVAMKULAM PO, ERNAKULAM DISTRICT. BY ADV. MR.BENNY M.JOHN MR.T.RAJASEKHARAN NAIR RESPONDENT(S): ------------------------ 1. THE KANJIKUZHI BLOCK PANCHAYATH REP. BY ITS SECRETARY, OFFICE OF THE BLOCK DEVELOPMENT OFFICER KANJIKUZHY, S.N.PURAM PO, ERNAKULAM. 2. THE SECRETARY KANJIKUZHI BLOCK PANCHAYATH KANJIKUZHI, ERNAKULAM. R1 & R2 BY ADV. SMT.C.G.BINDU, SMT.C.G.AJITHA, SMT.D.SARITHA. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 4634/2009-B APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE COMMUNICATION DATED 05/11/2002, ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER. EXT.P2: COPY OF THE AGREEMENT DATED 25/02/2004 EXECUTED BETWEEN THE PETITIONER AND THE 1ST RESPONDENT. EXT.P3: COPY OF THE COMPLETITION CERTIFICATE ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER. EXT.P4: COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT. EXT.P5: COPY OF THE REPRESENTATION ALONG WITH STATEMENT OF ACCOUNT SUBMITTED TO THE 2ND RESPONDENT. EXT.P6: COPY OF THE RELEVANT PAGES OF THE RUNNING BILLS ADMITTED BY THE RESPONDENT. EXT.P7: COPY OF THE RELEVANT PAGES OF THE RUNNING BILLS ADMITTED BY THE RESPONDENT. EXT.P8: COPY OF THE RELEVANT PAGES OF THE RUNNING BILLS ADMITTED BY THE RESPONDENT. EXT.P9: COPY OF THE RELEVANT PAGES OF THE RUNNING BILLS ADMITTED BY THE RESPONDENT. EXT.P10: COPY OF THE RELEVANT PAGES OF THE RUNNING BILLS ADMITTED BY THE RESPONDENT. EXT.P11: COPY OF THE PAYMENT CERTIFICATE ISSUED BY THE COMPETENT AUTHORITY IN RESPECT OF THE PAYMENT OF SALE TAX, INCOME TAX AND KERALA WORKERS WELFARE FUND AMOUNT. RESPONDENT'S EXHIBITS: EXT.R1: COPY OF THE RELEVANT EXTRACT OF RUNNING ACCOUNT BILL. EXT.R1(a): COPY OF THE ORIGINAL RUNNING ACCOUNT BILL //TRUE COPY// P.S. TO JUDGE rs. THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No.4634 of 2009-B = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 9th day of September, 2009. JUDGMENT 1.This writ petition is filed seeking a direction to the first respondent, a block panchayat to disburse an amount of Rs.3,22,321/- with interest. The petitioner's plea is that such amount is due to him for the work done and he has pleaded in the writ petition that as a matter of fact, there is no doubt on the balance amount due to the petitioner. 2.A perusal of the counter affidavit filed by the respondents, discloses otherwise. They concede that the petitioner is entitled to an amount of Rs.1,85,228/- and dispute the claim for the balance. The respondents state that on the basis of the audited accounts and different parameters on the basis of which the check measurements WP(C)4634/09 -: 2 :- were considered, the petitioner is not entitled to any further amount. Deductions due in various heads of accounts like sales tax, income tax, construction workers' welfare fund etc. are also mentioned. 3.The petitioner, with the strength of the reply affidavit and the documents submitted therewith, wants this Court to essentially settle the accounts between the parties and order release of the funds as may be then found due. I am afraid, this is not within the purview of an adjudication in writ jurisdiction. I am also satisfied that the petitioner would have adequate alternate remedies in accordance with law for recovery of amounts over which there may be a dispute. Leaving all such issues, the petitioner would be entitled to take the undisputed amount of Rs.1,85,228/-. In the result, preserving all contentions of parties and leaving open all other issues, it is ordered that the respondents will release to the WP(C)4634/09 -: 3 :- petitioner an amount of Rs.1,85,228/- within three weeks from now. This judgment preserves the right of the petitioner to seek relief in relation to the balance amounts as may be claimed by him. The writ petition is ordered accordingly. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/140909