IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 12TH JANUARY 2010 / 22TH POUSHA 1931 WP(C).No. 33206 of 2009(U) -------------------------- PETITIONER(S): --------------- ABMILIDHARAN NAIR, VILAYIL HOUSE, KALANJOOR P.O., PATHANAMTHITTA DISTRICT. BY ADV. SRI.J.JULIAN XAVIER SRI.FIROZ K.ROBIN RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, LOCAL SELF GOVERNMENT DEPARTMENT, THIRUVANANTHAPURAM. 2. EXECUTIVE ENGINEER, LSGD DIVISION, PATHANAMTHITTA. 3. THE SECRETARY, DISTRICT PANCHAYAT, PATHANAMTHITTA. ADV. SRI.S.P.ARAVINDAKSHAN PILLAY FOR R3 SMT.N.SANTHA FOR R3 SRI.S.A.ANAND FOR R3 SRI.PETER JOSE CHRISTO FOR R3 BY GOVT. PLEADER SMT. K.R. DEEPA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. -------------------------------------------------- W.P.(C) NO.33206 OF 2009 (U) -------------------------------------------------- Dated this the 12th day of January, 2010 J U D G M E N T Petitioner completed the work of Pallipadi Kuttumanpadi Bridge, on the basis of Ext.P1 agreement. According to him, the work was completed on 2.11.2007 and final bill for Rs.10,82,233/- was submitted on 25.2.2008. Petitioner submits that the only reason for delaying the payment is that the fund is available only for the maintenance work and the work done is to be paid from the plan fund. According to the petitioner, the 3rd respondent has recommended payment from the maintenance fund but however, the first respondent is not permitting disbursement. 2. Despite the matter having been taken up by the 3rd respondent with the first respondent as early as on 20.8.2009, vide Ext.P5, there appears to have been no progress in the matter. If as stated by the petitioner, work has been executed to the satisfaction of the awarder and final bill has been submitted, he is entitled to be paid. If there is dispute about the amount shown in the final bill, the admitted amount is to be paid. The source from which such payment is to be made is to be found out WPC.No. 33206/09 :2 : by the awarded and any ambiguity in this behalf cannot leave the petitioner in uncertainty. Therefore, the writ petition is disposed of directing that the third respondent shall ensure that the admitted amount due to the petitioner is paid, as expeditiously as possible and at any rate within 8 weeks from the date of receipt of a copy of the judgment. In the meanwhile, if necessary, it will be open to the 3rd respondent to obtain necessary orders from the 2nd respondent. (ANTONY DOMINIC) JUDGE vi/