IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 19TH MARCH 2009 / 28TH PHALGUNA 1930 WP(C).No. 2163 of 2009(G) ------------------------------- PETITIONER: -------------- P.H. ALIYARU KUNJU, GOVT. CONTRACTOR, ARAB NIVAS, MULLICKALA, THEVALAKKARA, KOLLAM. BY MR.T.H.ABDUL AZEEZ, ADVOCATE. MR.M.M.SALIM, ADVOCATE. RESPONDENTS: ------------------ 1. PANMANA GRAMA PANCHAYTH, REPRESENTED BY ITS SECRETARY, PANCHYATH OFFICE, PANMANA, KOLLAM DISTRICT. 2. THE PRESIDENT, PANMANA GRAMA PANCHAYATH, PANCHAYATH OFFICE, KOLLAM. BY MR.M.P.RAMNATH, ADVOCATE, FOR R1. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 2163/2009 A P P E N D I X PETITIONER'S EXHIBITS: EXT. P1 : COPY OF the RELEVANT PAGE OF the RUNNING ACCOUNT BILL. EXT. P2 : COPY OF the LETTER DTD. 1.7.2008 ISSUED FROM BANK TO THE PETITIONER. EXT. P3 : COPY OF the REPRESENTATION DTD. 23.9.2008 TO THE 1ST RESPONDENT. EXT. P4 : COPY OF THE RELEVANT EXTRACT IN THE MINUTES BOOK OF the PANCHAYATH HELD ON 13.10.2008. EXT. P5 : COPY OF the REPRESENTATIONS ADDRESSED TO THE PRINCIPAL SECRETARY FOR LOCAL SELF GOVERNMENT. EXT. P6 : COPY OF the REPRESENTATION DTD. 1.12.2008 TO THE 1ST RESPONDENT. RESPONDENT'S EXHIBITS: NIL. // True Copy // P.A. to Judge. smp S. SIRI JAGAN, J. ------------------------------------ W.P.(C)No.2163 OF 2009 ---------------------------------------- Dated this the 19th day of March, 2009 JUDGMENT The petitioner is a Government Contractor. Pursuant to notification inviting tenders floated by the respondents, the petitioner participated and was awarded the work of constructing water tanks under the water supply project to the residents of the 1st respondent – Panchayat. Part bill was paid to the petitioner and according to the petitioner, a balance amount of Rs.4,82,769/- along with Income Tax, VAT and Labour Welfare Fund are due from the respondents. The petitioner's grievance in this writ petition is that those amounts are not being paid by the respondents to the petitioner. 2. A counter affidavit has been filed by the respondents, in which the liability to pay is not disputed. Their contention is that the work was undertaken on the assurance of the Kerala Minerals and Metals Limited for funding the project. But subsequently, after the Tsunami disaster, in the Coastal W.P.(c)No.2163/09 2 Panchayats 'Jalanidhi' project has been undertaken and completed, for which the Kerala Minerals and Metals Limited had paid about Rs.40 lakhs and therefore, they now expressed inability to fund the project of the respondents and it is under the above circumstances, the respondents are unable to pay the amounts due to the petitioner. 2. I have heard the learned counsel for the petitioner as also the learned counsel for the respondents. 3. Whether it is as per the assurance from the Kerala Minerals and Metals Limited or not, the contract is between the respondents and the petitioner. Therefore, the respondents are bound to pay the amounts due to the petitioner. They cannot now wriggle out from their liability to pay the amount on the ground that the Kerala Minerals and Metals Limited has backed out from their assurance. In the above circumstances, I dispose of this writ petition with a direction to the respondents to pay the amounts due to the petitioner for the work done by him as expeditiously as possible, at any rate, within a period of three months from the W.P.(c)No.2163/09 3 date of receipt of a copy of this judgment. It would be open to the respondents to find out funds for payment either from the plan funds or personal funds of the Panchayat. S. SIRI JAGAN, JUDGE Acd W.P.(c)No.2163/09 4