IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI WEDNESDAY, THE 27TH MAY 2009 / 6TH JYAISHTA 1931 WP(C).No. 1614 of 2006(P) ------------------------------------- PETITIONERS: --------------------- 1. K. KOCHU KOSHY, CHITTAKATTU HOUSE, VATHIKULAM, CONVENER, BENEFICIARY COMMITTEE, MAVELIKKARA THEKKEKARA GRAMA PANCHAYATH, MAVELIKKARA. *ADDL.P.2 IMPLEADED: 2. R. SREEDHARAN, AGED 54 YEARS, S/O. RAJAPPAN, RESIDING AT NOLLOTTIL VEEDU, VATHIKULAM, THEKKEKARA, P.O.MAVELIKARA, CONVENOR, BENEFICIARY COMMITTEE, MAVELIKKARA THEKKEKARA GRAMA PANCHAYATH, MAVELIKKARA. *IMPLEADED AS PER ORDER DT. 11/07/07 ON I.A. NO. 9399/07. BY ADVS. MR.R.KRISHNA RAJ, MR.A.SHANAVAS KHAN, MR.P.R.HARIKUMAR. RESPONDENTS/: ------------------------ 1. AGRICULTURAL OFFICER, THEKKEKARA KRISHI BHAVAN, OLAKETTIYAMBALAM, MAVELIKKARA. 2. ASST. EXECUTIVE ENGINEER, L.S.G.B. BLOCK PANCHAYATH, MAVELIKKARA. 3. THE SECRETARY, THEKKEKARA GRAMA PANCHAYATH, MAVELIKKARA. W.P.(C). NO.1614/2006-P: 4. THE TREASURY OFFICER, SUB TREASURY, MAVELIKKARA. R1 & R4 BY GOVT. PLEADER SMT. M.R. SREELATHA, R3 BY ADV. MR.A.ANILKUMAR. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/05/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.1614/2006-P: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE ORDER OF THE R.2. DTD. 08/12/2005. EXT.P.2: COPY OF THE DECISION OF THE COMMITTEE IN THEIR MEETING HELD ON 10/08/2006. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE. Prv. V.GIRI, J. --------------------------- W.P.(C).1614 of 2006 --------------------------- Dated this the 27th day of May, 2009 JUDGMENT The petitioner is the Convener of the Beneficiary Committee constituted for taking up the construction of two culverts to increase the infrastructure of paddy fields in Vathiculam Ayanikattupadam area in Mavelikara Thekkekara Grama Panchayat. The work was completed in the year 1999 and the sanctioning authority, the 1st respondent, after inspection of the work completed by the beneficiary committee, passed the final bill for an amount of Rs.82,156/- and forwarded it as per letter No.113/ dated 8.12.2005 to the Assistant Engineer of the Panchayat. The amounts are to be disbursed by the panchayat. The petitioner has not been paid the amount. Hence, this writ petition. 2. No counter affidavit has been filed on behalf of respondents 1 and 2. A counter affidavit has been filed by the 3rd respondent Panchayat affirming that Ext.P1 has been issued. But, according to them, while disbursing the final bill, an amount of Rs.11,000/- has also to be deducted from the estimated amount by way of taxes, supervisory charges etc. W.P.(C).1614 of 2006 :: 2 :: 3. I heard learned counsel for the petitioner and the learned Government Pleader. 4. The work was completed in the year 1999 and Ext.P1 was issued on 8.12.2005. It is not justified to keep the final payment pending even in 2009. The panchayat has no case that the work was not satisfactory. In the result, the 3rd respondent shall proceed to disburse to the petitioner the amount due in respect of the construction of two culverts to increase the infrastructure of paddy fields in Vathiculam Ayanikattupadam area, pursuant to the approval granted in Ext.P1. The amount mentioned therein may be paid, after effecting the necessary statutory deductions, within two months from the date of receipt of a copy of this judgment. Sd/- (V.GIRI) Judge sk/ //true copy//