IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID TUESDAY, THE 13TH DECEMBER 2011 / 22ND AGRAHAYANA 1933 WP(C).No. 14181 of 2011(W) ------------------------------------------ PETITIONER(S): ------------------------- V.O.JOSE,GOVERNMENT CONTRACTOR, VITHAYATHIL HOUSE,AYROOR P.O.,ALUVA-VIA, ERNAKULAM DISTRICT. BY ADV. SRI.BABU JOSEPH KURUVATHAZHA RESPONDENT(S): ---------------------------- 1. NEDUMBASSERY GRAMA PANCHAYAT, REP. BY ITS SECRETARY,OFFICE OF THE NEDUMBASSERY GRAMA PANCHAYAT, KARIYAD, KARIYAD P.O.,ERNAKULAM DISTRICT, PIN-683 589. 2. THE NEDUMBASSERY GRAMA PANCHAYAT COMMITTEE, REPRESENTED BY ITS PRESIDENT, OFFICE OF THE NEDUMBASSERY GRAMA PANCHAYAT, KARIYAD, KARIYAD P.O., ERNAKULAM DISTRICT, PIN-683 589. 3. STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, DEPARTMENT OF LOCAL SELF GOVERNMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001. 4. THE DIRECTOR OF PANCHAYATS, PANCHAYAT DIRECTORATE, THIRUVANANTHAPURAM-695 001. R3 & R4 BY GOVERNMENT PLEADER SRI.V.K.RAFEEQUE THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.14181/2011 W APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE TENDER NOTIFICATION BEARING NO.A(3)1455/03 DTD. 1/1/2004 PUBLISHED BY THE 2ND RESPONDENT. P2: COPY OF THE LETTER DTD. 30/01/2004 SUBMITTED BY THE PETITIONER AND ITS ACCEPTANCE BY THE PRESIDENT OF THE 1ST RESPONDENT PANCHAYAT. P3: COPY OF THE RESOLUTION NO.2(6) OF NEDUMBASSERY GRAMA PANCHAYAT COMMITTEE IN ITS MEETING HELD ON 27/03/2004. P3(A): COPY OF THE PROCEEDING NO.EE/LSGD/RBB-82/2003-04 DTD. 27/09/2004 ISSUED BY THE EXECUTIVE ENGINEER AND CONVENOR OF THE DISTRICT LEVEL TECHNICAL COMMITTEE, ERNAKULAM. P4: COPY OF THE PROCEEDING NO.CE/LSGD/672/2004 DTD. 29/09/2004 ISSUED BY THE 3RD RESPONDENT. P5: COPY OF THE REPRESENTATION DTD. 15/10/2004 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. P6: COPY OF THE PROCEEDING NO.A3.1455/2003 DTD. 27/10/2004 ISSUED BY THE 2ND RESPONDENT. P7: COPY OF THE RESOLUTION NO.4(5) DTD. 10/11/2004 OF THE NEDUMBASSERY GRAMA PANCHAYAT COMMITTEE. P7(A): COPY OF THE REPRESENTATION DTD. 2/06/2005 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. P8: COPY OF THE RESOLUTION BEARING NO.3(13) DTD. 29/06/2005 OF THE NEDUMBASSERY GRAMA PANCHAYAT COMMITTEE. P8(A); COPY OF THE REPRESENTATION DTD. 12/10/2007 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. P9: COPY OF THE RESOLUTION NO.19(3) DTD. 15/02/2008 OF THE NEDUMBASSERY GRAMA PANCHAYAT COMMITTEE. P10: COPY OF THE PROCEEDING NO.19568/D.A2/08/LSGD DTD. 28/05/2008 ISSUED BY THE 3RD RESPONDENT. P11: COPY OF THE JUDGMENT DTD. 15/09/2010 IN WP(C) NO.20406/2008 OF THIS HON'BLE COURT. P12: COPY OF G.O.(RT) NO.829/11/LSGD DTD. 21/03/2011 ISSUED BY THE 3RD RESPONDENT. P13: COPY OF THE REPRESENTATION DTD. 17/08/2011 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.S.TO JUDGE Kss HARUN-UL-RASHID,J. ------------------------------- W.P.(C). NO. 14181 OF 2011 ------------------------------- DATED THIS THE 13TH DAY OF DECEMBER, 2011 JUDGMENT Writ Petition is filed seeking to quash Ext.P12 order to the extent directing the 4th respondent to collect the payment due to the petitioner as per Ext.P7 resolution from the officers/ authorities of the Panchayat concerned proportionately and to disburse the payment to the petitioner, for a direction commanding respondents 1 and 2 to disburse the entire payments due to the petitioner as per Exts.P7 and P9 resolutions, from the own fund of the lst respondent forthwith and for other incidental reliefs. 2. Petitioner submits that Ext.P7 resolution was passed by the Panchayat on true and factual assessment of ground realities and the Panchayat was very much ready and willing to disburse the payment mentioned in Ext.P7 resolution and that however, solely for the reason of Ext.P12 order of the Government, the Panchayat authorities are prevented from disbursing the payment due to the petitioner. In the -2- W.P.(C).No.14181/2011 circumstances, the petitioner filed Ext.P13 representation dated 17/8/2011 before the 3rd respondent requesting to modify Ext.P12 order and permit the lst respondent to disburse the amount due to the petitioner from their own fund. 3. When the matter is taken up for consideration today, the learned counsel for the petitioner submits that Ext.P13 representation is pending consideration before the 3rd respondent and requests this Court to direct the 3rd respondent to consider and pass orders on Ext.P13 representation within a time frame. In the circumstances, this writ petition is disposed of directing the 3rd respondent to consider Ext.P13 representation and pass appropriate orders thereon, after affording an opportunity of being heard to the petitioner and respondents 1 and 2, within a period of two months form the date of receipt of a copy of this judgment. HARUN-UL-RASHID, JUDGE. kcv.