IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID FRIDAY, THE 25TH NOVEMBER 2011 / 4TH AGRAHAYANA 1933 WP(C).No. 8549 of 2011(P) ----------------------------------- PETITIONER(S): ----------------------- RAMACHANDRAN NAIR, PARATT MOUND, ANCODE, PERUMKADAVILA.P.O, NEYYATTINKARA, THIRUVANANTHAPURAM. BY ADVS. SRI.V.G. ARUN SRI.T.R. HARIKUMAR RESPONDENT(S): ------------------------- 1. THE PERUMKADAVILA GRAMA PANCHAYAT, REPRESENTED BY ITS PRESIDENT, PERUMKADAVILA.P.O., NEYYATTINKARA, THIRUVANANTHAPURAM-695 124. 2. THE SECRETARY, PERUMKADAVILA GRAMA PANCHAYAT, PERUMKADAVILA.P.O., NEYYATTINKARA, THIRUVANANTHAPURAM-695 124. 3. THE ASSISTANT EXECUTIVE ENGINEER, LOCAL SELF GOVERNMENT (PUBLIC WORKS), SUB DIVISION, PERUMKADAVILA BLOCK, THIRUVANANTHAPURAM-695 124. R1 & R2 BY ADV. SRI. G.P. SHINOD R2 BY ADV. SRI.G. SUDHEER R3 BY GOVERNMENT PLEADER SMT. P. MAYA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/11/2011, ALONG WITH WPC NO. 8576 OF 2011 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: VPV WPCNO.8549/2011 APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE DETAILED ESTIMATE. EXT.P2: COPY OF THE FINAL BILL APPROVED BY THE 3RD RESPONDENT. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE VPV HARUN-UL-RASHID, J. --------------------------------------- W.P.(C) Nos. 8549/2011 & 8576/2011 --------------------------------------- Dated this the 25th day of November 2011. JUDGMENT Common issues are involved in these writ petitions and are disposed of by a common judgment. 2. The prayer in both writ petitions are for a direction commanding the first and second respondent to disburse the bill amount due to the petitioners with interest @ 18 % to the bill amount from the date of submission till disbursement. 3. Petitioners in both writ petitions are the conveners of the beneficiaries committee under the same Panchayat. As per agreement 11/2005-06 dated 25.1.06, the respondents 1 and 2 awarded an improvement work of Panchayat office at Vidyadiraja School road in Perumkadavila Grama Panchayat to the petitioner in W.P.C 8549/2011. 4. The total amount of the work awarded was Rs. 3 lakhs. It is W.P.(C) Nos.8549/2011 & 8576/2011 2 submitted that works were completed on 15.1.2008. The work was awarded under the SGRY-II Scheme, the 3rd respondent check measured the work and final bill was submitted on 15.1.08. 5. Similarly, the petitioner in W.P.(C) No. 8576/2011 was awarded the improvement work of Onamcode kulam in Chulliyoor Ward of Perumkadavila Grama Panchayat as per agreement 18/2004-05. The total cost of the work awarded was Rs. 5 lakhs. The said work was awarded under the SGRY-II Scheme. The petitioner submits that the said work was completed on 18.2.2008, the 3rd respondent check measured the work and bill was submitted on 18.2.2008. 6. These writ petitioners approached the first and 2nd respondents with a request to disburse the bill amount. The grievance of the petitioners is that so far the Panchayat has not taken any steps to disburse the amount due to the petitioners. It is pointed out that the petitioners as the conveners of the beneficiaries committees had completed the work with the help of the members of the committee as well as with the help of the members of the W.P.(C) Nos.8549/2011 & 8576/2011 3 workers. Even after repeated requests it is stated that no action has been taken to disburse the amount. 7. Separate statements are filed by the 2nd respondent in both writ petitions. It is admitted by the respondent in the statement filed in W.P.C. 8549/11 that an amount of Rs. 3 lakhs is out standing to the beneficiary committee of which the petitioner is the convener. The respondents further undertakes to pay the said amount after deducting tax in accordance with R1(a) resolution. Respondents 1 and 2 further undertook that they will make earnest efforts to disburse the said amount without further delay. It is stated that the delay caused is due to the delay that occurred on the part of beneficiary committee in completing the work within the stipulated time. 8. In the similar statement filed by the respondent in W.P. (C) No. 8576 /2011 it is admitted that an amount of Rs. 1,29,039/- is outstanding to the beneficiary committee by which the petitioner is the convener. Similarly the first and second respondent undertook to disburse the amount at the earliest. In both cases, the W.P.(C) Nos.8549/2011 & 8576/2011 4 work was completed during January and February 2008. There is no justification for delaying payment further. The respondents also had no case that the amount is not due to the beneficiary committees. Respondents admitted that the amount claimed by the petitioners is due to them. In the said facts and circumstances, both writ petitions are disposed of directing the respondents 1 and 2 to disburse 50% of the amount due to the petitioners in both writ petitions within two months from today and the balance amount on or before 31st March 2012. HARUN-UL-RASHID JUDGE al