IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 16TH JUNE 2009 / 26TH JYAISHTA 1931 WP(C).No. 23324 of 2008(B) -------------------------- PETITIONER(S): --------------- K. USHA KUMARY, W/O. SUDHAKARAN PILLAI, CONVENER, BENEFICIARY COMMITTEE FOR THE CONSTRUCTION OF ANGANVADI NO.29 IN PAMPALLI IN WARD NO.8 OF PANYAM GRAMA PANCHAYATH, RESIDING AT USHA NIVAS, PAMPALLI, PERINAD.P.O, KOLLAM. BY ADV. SRI.B.MOHANLAL RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, SOCIAL WELFARE (B) DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF SOCIAL WELFARE, GOVERNMENT OF KERALA, SOCIAL WELFARE BHAVAN, POOJAPURA, THIRUVANANTHAPURAM. 3. THE ASSISTANT EXEUCUTIVE ENGINEER, LOCAL SELF GOVERNMENT DEPARTMENT, SUB DIVISION, BLOCK PANCHAYATH, CHITTUMALA, EAST KALLADA.P.O, KOLLAM. 4. THE PERAYAN GRAMA PANCHAYATH REPRESENTED BY ITS SECRETARY, THANNIKKAMUKKU, PERINAD.P.O, KOLLAM. ADV. SRI.V.V.RAJA FOR R4 SRI.R.RANJITH FOR R4 GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C)No.23324/2008 APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1: THE TRUE COPY OF THE RESOLUTION AND RECOMMENDATION OF THE 4TH RESPONDENT DATED 19.3.2007. EXHIBIT P2: THE TRUE COPY OF THE BILL DATED 28.5.2008 SUBMITTED BY THE 3RD RESPONDENT. EXHIBIT P3: THE TRUE COPY OF THE COMMUNICATION DATED 30.6.2008 ISSUED BY THE 2ND RESPONDENT. EXHIBIT P4: THE TRUE COPY OF THE COMMUNICATION NO.A2-187/2008 DATED 1.7.2008 ISSUED BY THE 4TH RESPONDENT. /TRUE COPY/ P.A.TO JUDGE vgd S.SIRI JAGAN ---------------------------------------- W.P.(C).NO.23324 of 2008 ----------------------------------------- Dated this the 16th day of June, 2009 JUDGMENT The Petitioner was elected as the Convener of a Beneficiary Committee for the construction of Anganavadi No.29 in Pampalil in Ward No.8 of Panayam Grama Panchayath. An agreement was executed between the petitioner and the respondents for execution of the said work, and the Petitioner executed the work satisfactorily. According to the petitioner for the work done by him a bill for Rs. 3,00,000/- was raised, out of which only Rs. 1,30,000/- has been paid, leaving a balance of Rs. 1,70,000/-, which still remains unpaid. The petitioner therefore seeks the following reliefs: “ i) To call for the Records from the 2nd respondent leading to the work relating to construction of Anganavadi No.29 in Pampalil in Ward No.8 of Panayam Grama Panchayath. ii) To issue a writ of mandamus or other appropriate writ, order or direction commanding the respondents 1 and 2 to pay the Bill submitted by the petitioner in respect of the work relating to construction of Anganavadi No.29 in Pampalil in Ward No.8 of Panayam Grama Panchayath referred in Ext.P1 and P2 and disburse the payment of Rs. 1,70,000/- with 18% interest from 08.03.2007 within a stipulated time as directed by this Hon'ble Court. iii) To declare that the petitioner is entitled to get the payment of Rs. 1,70,000/- with interest at the rate of 18% W.P.C.No.23324 of 2008 2 from 08.03.2007, the date of completion of work referred in Ext.P1 and P2.” 2. A counter affidavit has been filed on behalf of the 1st respondent, in which it is stated thus: “ Even though some delay has been occurred to allot the balance amount of Rs. 1,70,000/- due to paucity of funds during the year 2008-09, through Supplementary Demand for Grants, Government have allotted Rs. 6,48,15,000/- for reimbursing the amount spent for the construction of the Anganwadi Centres. Government as per G.O (Rt) NO.428/2008/SWD dated 22.10.2008 (further modified vide G.O(Rt)No.489/2008/SWD dated 28.11.2008) have accorded sanction for the release of an amount of Rs. 6,48,15,000/- allotted through SDG, for distribution to the District Social Welfare Officers for effecting pending payment in respect of construction of Anganwadi buildings to all the concerned including the petitioner. True copy of the above Government Order is produced herewith and marked as Ext. R1(a) and R1(b). It is submitted that no further action is pending with this respondent and all further steps are to be taken by the second respondent.” 3. In view of the above statement in the counter affidavit what remains now is only to direct the 2nd respondent to take appropriate steps to disburse the balance amount of Rs. 1,70,000/- to the petitioner. W.P.C.No.23324 of 2008 3 4. Accordingly the writ petition is disposed of with a direction of the 2nd respondent to see that the amount of Rs. 1,70,000/- is paid to the petitioner as expeditiously as possible, at any rate, within one month from the date of receipt of a copy of this judgment. The 1st respondent shall see that the 2nd respondent complies with the above direction. S.SIRI JAGAN JUDGE vgd