IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI THURSDAY, THE 25TH JUNE 2009 / 4TH ASHADHA 1931 WP(C).No. 9258 of 2009(B) ------------------------- PETITIONER(S): --------------- 1. ANOOP.T.JOSE, AGED 33 S/O. T.X.JOSE, ST. XAVIER LORRY TRANSPORT, CHITTOOR ROAD, KOCHI-18. 2. MRS. GRACY PAUL, AGED 48, W/O. MR. PAUL, KOLARIKKAL HOUSE, CHERANELLOOR.P.O. BY ADV. SRI.KKM.SHERIF SRI.A.A.ZIYAD RAHMAN SRI.LAL K.JOSEPH SMT.SHEENA SAMUEL RESPONDENT(S): --------------- 1. STATE OF KERALA, REP. BY DISTRICT COLLECTOR, ERNAKULAM. 2. THE REVENUE DIVISIONAL OFFICER, FORT KOCHI. 3. THE TAHSILDAR, KANAYANNUR. *4. SECRETARY, DEPARTMENT OF FINANCE, THIRUVANANTHAPURAM (IMLEADED AS ADDL. 4TH RESPONDENT AS PER ORDER IN I.A. NO.7727/09 DT. 25.6.2009) BY SRI. P. NARAYANAN, GOVERNMENT PLEADER FOR R1 TO R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX Petitioners Exhibits: Ext.P1: True copy of the communication No.E1011420/2000(1) dated 18.3.2009 addressed to the 1st petitioner. Ext.P2: True copy of the communication No.E1011420/2000(2) dated 18.3.2009 addressed to the 2nd t petitioner. Ext.P3: True copy of the paper news effected in Malayala Manorama Daily dated 19.3.2009 /True copy/ P.A. To Judge jma V.GIRI, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P. (C) No.9258 OF 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 25th day of June, 2009 J U D G M E N T Petitioners are engaged in transportation of drinking water by tanker lorries, mini lorries etc. They were engaged in the supply of drinking water, in the Vypin Special Scheme area. Their grievance arises from the non disbursement of the amounts which are admittedly due to them towards transportation charges and supply of drinking water under the Vypin Special Scheme. They refer to Ext.P1 and P2 which will show that amounts are pending payment. 2. A counter affidavit has been filed by the 1st respondent, District Collector. Para 4 to 7 of the counter affidavit read as follows: In respect of the 1st petitioner an amount of Rs.20,17,760/- had been paid so far being the hire charges of tanker lorries for supplying the drinking water at Kadamakkudy Panchayath area from 4/08 to 8/08. An amount of Rs.17,28,104/- pending for want of sufficient fund from Government. WPC.No.9258 OF 2009 : 2 : In respect of the 2nd petitioner a sum of Rs.13,30,230/- has already been paid to him being the hire charge of Changadam for supplying the drinking water at Kadamakkudy Panchayath area from 4/08 to 8/08. The balance amount of Rs.8,68,483/- is to be disbursed to him. In short, a total amount of Rs.33,47,990/- has been disbursed to the petitioner being the hire charges of tanker lorries for supplying drinking water at Kadamakkudy Panchayath areas under Vyppin Special Scheme from 4/08 to 08/08 Part. A sum of Rs.25,96,587/- remains to be paid to them from 08/08 part to 12/08. Government had allotted Rs.1 crore on 5.2.2009 and this amount has been disbursed to all six Contractors, those who are engaged in the supply of Drinking water under Vyppin Special Scheme, towards the pending bills. The pending amount has already been requested to Government for settling the claims. But Govt. have not allotted the funds for the Vyppin Special Scheme. Government have to allot separate funds for each scheme and not given permission for reappropriation of this funds to other Scheme. Govt. had given restrictions to utilise the funds allotted under Drought for regular Schemes like Vyppin Spl. Scheme. It is respectfully submitted that immediate arrangements are being made to arise the fund and disburse the balance amount due to the petitioners. It is also submitted that there is no willful delay or negligence on the part of this respondents in disbursing the amount. 3. Since the respondents have no dispute regarding the entitlement of the petitioners to receive the amount WPC.No.9258 OF 2009 : 3 : mentioned in para 4 and 5 of the counter affidavit, it is only appropriate that the said amounts are paid to the petitioners as expeditiously as possible. Accordingly the writ petition is disposed of directing the first respondent to see that the amounts due to the petitioners as per Ext.P1 and P2 and as stated in the counter affidavit filed by the District Collector, Ernakulam is so paid within 5 months from the date of receipt of a copy of this judgment. (V.GIRI, JUDGE) jma