IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 24TH JUNE 2010 / 3RD ASHADHA 1932 WP(C).No. 6463 of 2009(C) ------------------------- PETITIONER: --------------- R.VISWANATHAN, AGED 55 YEARS CONTRACTOR, RESIDING AT BUNGLAVIL HOUSE NEAR POLICE STATION, MARUTHANKUZHI, KANJIRAMPARA, THIRUVANANTHAPURAM. BY ADV. SRI.AYYAPPAN SANKAR RESPONDENT: --------------- THE SECRETARY, JILLA PANCHAYAT, THIRUVANANTHAPURAM. ADV. SRI.PIRAPPANCODE V.SREEDHARAN NAIR FOR R THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C)No.6463/09 PETITIONER'S EXTS: EXT.P1: TRUE COPY OF THE PROCEEDINGS DATED 12.8.02 OF THE SPECIAL GRADE EXECUTIVE ENGINEER. EXT.P2: TRUE COPYA OF THE RUNNING ACCOUNT BILL/THIRD AND FINAL IN K.P.W.FORM NO.23. EXT.P3: TRUE COPY OF THE JUDGMENT DATED 29.10.07 IN W.P.(C) No.16462/07 OF THIS COURT. EXT.P4: TRUE COPY OF THE JUDGMENT DATED 24.3.08 IN W.A.NO.621/08 OF THIS COURT. EXT.P5: TRUE COPY OF THE REPRESENTATION DATED 7.7.08 PREFERRED BY THE PETITIONER TO THE EXECUTIVE ENGINEER ATTACHED TO THE OFFICE OF THE RESPONDENT. EXT.P6: TRUE COPY OF THE DEMAND NOTICE DATED 22.1.09 ISSUED FROM THE FEDERAL BANK LTD., NANTHANCODE BRANCH. EXT.R1(A): TRUE COPY OF THE LETTER NO.65544/DB2/08/LSGD DATED 27.11.08 OF THE PRINCIPAL SECRETARY, LOCAL SELF GOVERNMENT DEPARTMENT, GOVERNMENT OF KERALA. TRUE COPY P.A.TO JUDGE T.R.RAMACHANDRAN NAIR,J. ------------------------------------- W.P.(C)No.6463 of 2009 --------------------------------- DATED THIS THE 24th DAY OF JUNE, 2010 JUDGMENT The petitioner herein is a contractor engaged by the 1st respondent – Panchayat for construction of a building for Pre- metric Hostel for Boys at Aruvikkara. The contract was sanctioned as per Exhibit P1 proceedings. The tender submitted by the petitioner was accepted at the rate of 30% above the estimated rate. Agreement was executed later and final bill covers an amount of Rs.9, 53,681/-. 2. The petitioner had approached this Court earlier by filing W.P.(C)No.16462/2007 for expeditious disbursement of the amount due. When the matter was heard, it was submitted by the respondents therein that the disputed portion of the amount cannot be disbursed as an audit objection is pending finalisation. Therefore, this Court directed the respondents to release an amount of Rs.5,53,935/-, which was complied with. The judgment of the learned Single Judge was taken in appeal and Exhibit P4 is the judgment rendered in the Writ Appeal. Therein this Court directed the Panchayat to disburse an amount of W.P.(C)No.6463/09 -2- Rs.5,53,935/- and to take effective steps to remove the audit objection regarding the awarding of contract in favour of the petitioner. 3. Even though the matter was pending for quite a long time as the audit objection was pending, the final payment has not been disbursed so far. It is in these circumstances that this Writ Petition has been filed. 4. The Panchayat has filed a counter affidavit. It is averred therein that by Exhibit R1(a) communication, the Government has informed that the estimate approved by the Panchayat at higher rate cannot be approved. 5. The learned counsel for the petitioner submitted that there is no objection regarding the execution of the work or the constructions made. The audit objection is only in respect of the estimated rate and therefore the Panchayat cannot absolve itself from the liability to make the payment. 6. The construction was in respect of Pre-metric Hostel for Boys. The work has completed and the building is already in use. It is true that the Government has not so far approved the estimate for which the work was executed. But that will not W.P.(C)No.6463/09 -3- deprive the right of the petitioner to get the amount covered by the final bill, as there is no other objection with regard to the amount spent or the work undertaken by him. The non-approval of the estimate of the Government shall not affect the right of the petitioner from getting the amount, as the obligation under the contract has been fulfilled by the petitioner. Therefore the Writ Petition is allowed. There will be a direction to the respondent to disburse the balance amount of Rs.3,99,746/- ( Rupees Three Lakhs Ninety Nine Thousand Seven Hundred and Forty Six only) within a period of one month from the date of receipt of a copy of this judgment. The Panchayat will report the same to the Government for ratification which will be duly considered by the Government. No costs. T.R.RAMACHANDRAN NAIR, JUDGE. dsn