IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH FRIDAY, THE 18TH JULY 2008 / 27TH ASHADHA 1930 WP(C).No. 5160 of 2005(L) ------------------------------------ PETITIONER: ------------------- SRI.PAPPACHAN @ CHACKO, ALAPPATTU HOUSE, 4TH BLOCK, KADAVOOR P.O., KOTHAMANGALAM TALUK, ERNAKULAM DISTRICT. BY ADV. SRI.ALEXANDER THOMAS. RESPONDENTS: ----------------------- 1. THE PAINGOTTOOR GRAMA PANCHAYATH, REP. BY THE SECRETARY, KOTHAMANGALAM TALUK, ERNAKUALAM DISTRICT. 2. THE ASST. ENGINEER, L.S.G.(WATER RESOURCES) DEPARTMENT, PAINGOTTOOR PANCHAYATH, KOTHAMANGALAM TALUK, ERNAKULAM DISTRICT. 3. THE DEPUTY DIRECTOR OF PANCHAYATH, CIVIL STATION, KAKKANAD, ERNAKULAM. 4. STATE OF KERALA, REP. BY THE SECRETARY TO GOVT. OF KERALA, LOCAL SELF GOVT. )LSG), DEPT., GOVT. SECRETARIAT, BUILDINGS, TRIVANDRUM. GOVERNMENT PLEADER SRI. MOHAMMED ANZAR.K.J FOR R3 & R4, ADV. SRI.MURALI PURUSHOTHAMAN FOR R1 & R2, ADV. SRI.P.M.BENZIR FOR R1 & R2, ADV. SRI.DEEPU LAL MOHAN FOR R1 & R2. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.5160/2005-L: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE REPORT IN MANGALAM DT. 24/02/2003. EXT.P.2: COPY OF THE RELEVANT PAGE OF THE RE-ESTIMATE. EXT.P.3: COPY OF THE RECEIPT FROM THE DISTRICT COLLECTORATE DT. 06/08/2003. EXT.P.4: COPY OF THE REMINDER ISSUED BY THE DISTRICT COLLECTORATE DT. 25/02/04. EXT.P.5: COPY OF THE NOTICE DT. 14/10/2003 ISSUED BY THE R.1. EXT.P.6: COPY OF THE ORDER DT. 15/05/04 ISSUED BY STATE GOVT. (LSG DEPT.). EXT.P.7: COPY OF THE REPORT IN MANGALAM DT. 07/08/2003. EXT.P.7.A: COPY OF THE REPORT IN MANGALAM DT. 06/02/2004. EXT.P.7.B: COPY OF THE REPORT IN MALAYALA MANORAMA DT. 11/02/2004. EXT.P.8: COPY OF THE RELEVANT PAGE OF THE MEASUREMENT BOOK. EXT.P.9: COPY OF THE COMPLETION CERTIFICATE ISSUED BY THE R.1. EXT.P.10: COPY OF THE ORDER DT. 13/10/2004 ISSUED BY DEPUTY DIRECTOR OF PANCHAYATH. EXT.P.11: COPY OF THE ORDER DT. 22/12/2004 ISSUED BY HONOURABLE OMBUDSMAN. EXT.P.12: COPY OF THE REPRESENTATION SENT BY THE PETITIONER DT. 25/10/2004. EXT.P.13: COPY OF THE NOTICE ISSUED BY R.1. DT. 11/01/2005. EXT.P.14: COPY OF THE FORWARDING LETTER ISSUED BY ASST. EXECUTIVE ENGINEER. EXT.P.15: COPY OF THE RELEVANT PAGES OF THE STATEMENT PUBLISHED BY THE R.1. PANCHAYATH FOR THE YEAR 2001-2002. EXT.P.16: COPY OF THE COMPLETION CERTIFICATE DT. 23/03/2003 ISSUED BY THE R.2. EXT.P.17: PHOTOGRAPHS OF THE COMPLETED WORK. EXT.P.18: COPY OF THE MEASUREMENT RECORDS. EXT.P.19: COPY OF THE PETITIONERS REPRESENTATION DTD. 27/03/2003. W.P.(C). NO.5160/2005-L: EXT.P.20: COPY OF THE PETITIONER'S LETTER DTD. 29/11/2006. EXT.P.21: COPY OF THE STATEMENT OF R.2 SUBMITTED TO R.1. EXT.P.21.A: COPY OF THE LETTER NO. A448/03 DT. 23/02/2004 ISSUED BY R.1. RESPONDENTS' EXHIBITS: EXT.R1.A: COPY OF THE RESOLUTION NO. (1) (2 DTD. 07/07/2004 OF THE PANCHAYAT COMMITTEE. EXT.R1.B: COPY OF THE LETTER NO. L.S.G. (WR)-6/GP-PGTR/2003-04 DTD. 05/11/2004 ISSUED BY THE R.2. //TRUE COPY// prv. KURIAN JOSEPH, J. ---------------------------------------------- W.P.(C) No.5160 of 2005 ---------------------------------------------- Dated 18th July, 2008. J U D G M E N T The writ petition is filed mainly with the following prayer :- “To issue a writ of mandamus or any other appropriate writ, order or direction, directing 1st and 2nd respondents to revise the estimate of the work as per Rule 14(5) of the K.P.R.(Execution of Public Works) Rules, providing the expenses of blasting hard rock and the additional expenses incurred for the completion of the work, as per the PWD rate and to issue the final bill as expeditiously as possible.” Petitioner has filed I.A.9332/2008 with the following prayer :- “For the reasons stated in the accompanying affidavit, it is most humbly prayed that the Hon'ble Lok Adalat may be pleased to issue directions directing the 1st respondent Panchayat to pay forthwith to the petitioner an amount of Rs.30,714/- along with interest thereon @ 10% p.a. from 1.4.2004 upto date of actual payment and to further direct the respondent Panchayat to revise Ext.P2 in accordance with Rules 14(5) and 18 of the Kerala Panchayat Raj (Execution of Public Works) Rules, in respect of the amounts claimed over and above Rs.65,000/- and to sanction and finalise the final bill in that regard and pay the difference amount to the petitioner at the earliest, along with interest thereon @ 10% p.a. from 1.4.2004 upto date of actual payment.” It appears the matter requires fresh consideration by the third respondent. The parties agree that the matter can be referred to the third respondent for a fresh decision. Hence the writ petition is disposed of as follows:- In the event of the petitioner approaching the third respondent by way of a detailed representation producing all the documents, the said authority shall consider the matter with WP(C) NO.5160/2005 2 notice to the petitioner and take a fresh decision in accordance with law, within another three months. It is made clear that since the authority is taking a fresh decision, the same shall be rendered untrammelled by any of the observations contained in Ext.P11. KURIAN JOSEPH, JUDGE. tgs KURIAN JOSEPH, J ---------------------------------------------- W.P.(C) No.5160 of 2005 ---------------------------------------------- J U D G M E N T Dated 18th July, 2008.