IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 19TH AUGUST 2008 / 28TH SRAVANA 1930 WP(C).No. 22331 of 2008(H) -------------------------- PETITIONER: ---------------- O.G.BABU, AGED 57 YEARS, S/O. GOPALAKRISHNAN, ORAVANTHURUTHY HOUSE, EDAVILANGU P.O., KODUNGALLOOR, THRISSUR DISTRICT. BY ADV. SRI.KAPPILLIL ANILKUMAR SMT.P.A.JASMIN SMT.S.BINDU RESPONDENTS: ------------------ 1. KODUNGALLOR MUNICIPALITY REPRESENTED BY ITS SECRETARY, KODUNGALLOOR P.O., THRISSUR DISTRICT. 2. STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT OF KERALA LOCAL SELF GOVERNMENT DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. BY ADV. SRI.M.P.ASHOK KUMAR FOR R1 GOVT.PLEADER SMT.K.R.DEEPA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. =============== W.P.(C) NO. 22331 OF 2008 H ==================== Dated this the 19th day of August, 2008 J U D G M E N T Heard both sides. 2. The non payment of bills for the works executed by the petitioner for the 1st respondent is the relief sought for. Initial justification was that the concerned files were misplaced. However, standing counsel now tells me that although the files are yet to be traced, Government have also ordered an enquiry into the circumstances which led to the misplacing of the files and that the enquiry is now going on. 3. It may be true that the files are misplaced, but then, the fact remains that the petitioner is entitled to get payment for the work that he has done. In order to settle his monetary claim, the non availability of the files said to have been misplaced or the pendency of the enquiry cannot stand in the way. Therefore, the 1st respondent is directed to settle the bills of the petitioner, as expeditiously as possible and at any rate within 4 weeks of production of a copy of this judgment. However, before receiving payment as above, petitioner shall execute a bond without WPC 22331/08 :2 : sureties, undertaking to indemnify the Municipality, in case on conclusion of the enquiry or otherwise, any amount is found to be due from him. Writ petition is disposed of as above. Petitioner shall produce a copy of this judgment before the 1st respondent for compliance. ANTONY DOMINIC, JUDGE Rp