IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 4TH JULY 2008 / 13TH ASHADHA 1930 WP(C).No. 843 of 2008(A) ------------------------ PETITIONER: ------------ K.K.KURIEN, S/O. LUKA KURIEN, THEKKANIYIL HOUSE, THELLAKOM P.O., KOTTAYAM. BY ADV. SRI.P.V.GEORGE(ONAKKOOR) SRI.REJI GEORGE SRI.N.RAJENDRAN SMT.MANJU RAJAN RESPONDENTS: ------------- 1. LALAM BLOCK PANCHAYAT, REPRESENTED BY ITS SECRETARY AND BLOCK DEVELOPMENT OFFICER, LALAM P.O., PALA. 2. THE PROJECT OFFICER, D.R.D.A., KOTTAYAM. 3. THE COMMISSIONER, COMMISSIONARATE OF RURAL DEVELOPMENT, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. BY ADV. SRI.SUNIL CYRIAC FOR R1 GOVT. PLEADER SMT. N. SUDHA DEVI. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PETITIONER'S EXHIBITS: W.P.C.NO. 843/2008. ------------------------------------------------------------------ EXT.P1 TRUE COPY OF PROJECT COMPLETION REPORT. EXT.P2 QUALITY CONTROL – FINAL INSPECTION REPORT. EXT.P3 DETAILS OF PAYMENT ISSUED BY R1. EXT.P4 LETTER DT. 8-3-2007. EXT.P5 NOTICE DT. 17-12-2007. [TRUE COPY] P.S TO JUDGE. S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W. P (C) No. 843 of 2008 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 4th July, 2008. J U D G M E N T The petitioner undertook certain contract works for the 1st respondent-Block Panchayat. The petitioner's grievance is that the balance amount due to the petitioner for doing the above work is not being disbursed by the 1st respondent. 2. A counter affidavit has been filed by the 1st respondent in which the liability is admitted. Their only contention is that they can make the payment only after they get money from the NABARD, which has sponsored the work. 3. When the 1st respondent engages the petitioner for execution of certain works, the petitioner is entitled to get the money from the 1st respondent, especially when the 1st respondent has no case that the fulfilment of the contract is subject to payment by the NABARD. For such payment, the petitioner cannot be asked to go to the NABARD also. As far as the petitioner is concerned, the privity of contract is with the 1st respondent. As such, the 1st respondent is liable to pay the amount to the petitioner. Accordingly, the 1st respondent is directed to pay the amount due to the petitioner as admitted in the counter affidavit filed, within three months from the date of receipt of a copy of this judgment. The writ petition is disposed of as above. Sd/- S. Siri Jagan, Judge. Tds/