IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR FRIDAY, THE 1ST JULY 2011 / 10TH ASHADHA 1933 WP(C).No. 581 of 2011(W) ------------------------------------ PETITIONER: ------------------- JOSE GEORGE, S/O. GEORGE JOSEPH, VATTATHARA MUNDADAN, NAYARAMBALAM,PROPRIETOR, INTEGRAL SOLUTIONS, A4 34/2557, KOCHI-682 024. BY ADVS. SRI.T.I.ABDUL SALAM, SRI.PHILIP T.VARGHESE. RESPONDENT: ---------------------- NADAPURAM GRAMA PANCHAYAT, POST KALLACHI, 673 506, KOZHIKODE DISTRICT, REP. BY ITS SECRETARY. BY ADVS. SRI.C.VALSALAN, SRI.K.RAKESH ROSHAN, SMT.THUSHARA.V. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/07/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.581/2011-W: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE COMMUNICATION DTD. 18/10/2006 FROM THE RESPONDENT TO INTEGRAL SOLUTIONS, KOCHI. EXT.P.2: COPY OF THE COMMUNICATION DTD. 02/03/2007 FROM THE PETITIONER TO THE RESPONDENT WITH BILL DTD. 24/02/2007. EXT.P.3: COPY OF THE COMMUNICATION DTD. 11/02/2008 FROM THE PETITIONER TO THE RESPONDENT. EXT.P.4: COPY OF THE NOTICE DTD. 06/01/2009 FROM T.J. ABDUL SALAM, ADVOCATE TO THE RESPONDENT. EXT.P.5: COPY OF THE COMMUNICATION DTD. 06/02/2009 BY THE RESPONDENT TO THE PETITIONER. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. C.T. RAVIKUMAR, J - - - - - - - - - - - - -- - - - - - - - - - - - - - - - W.P(C) No. 581 OF 2011 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 1st day of July, 2011 J U D G M E N T This writ petition has been filed mainly with a prayer to issue a writ of mandamus commanding the respondent to settle the claims of the petitioner in Exts.P2 to P4. Petitioner is the proprietor of Integral Solutions, Kochi, an engineering concern doing architectural and structural designs of buildings and other structures, prepared the architectural and structural designs of the gallery building of the Indoor Stadium of the respondent at Nadapuram in 2007. The final bill in respect of the said work was submitted long back. On being aggrieved by the delay in the matter of disbursement of the said amount requests for its settlement was made as per Exts.P2 and P3. As they evoke no response Ext.P4 lawyer notice was issued. The grievance of the petitioner is that even after the receipt of Exts.P2, P3 and P4 the respondent is not taking steps to settle the claim. In fact, earlier, as per Ext.P5 the respondent Panchayat intimated the petitioner that for the purpose of disbursement of the amount, Governmental WPC.No.581/2011 : 2 : sanction is required and the matter is now, pending consideration before the Government. 2. A counter affidavit has been filed by the respondent in this writ petition. Along with the counter affidavit, the respondent has produced Ext.R1(d) letter dated 19.4.2011. As per the same, Government have directed the respondent Panchayat to disburse 2/3rd of the amount mentioned in Ext.R1(a) to the petitioner. In the light of the said specific direction I am of the view that there cannot be any further impediment in disbursing that much amount to the petitioner. The learned counsel for the petitioner submitted that the respondents may be directed to disburse the amount in terms of Ext.R1(a) and the petitioner may be given the liberty to raise and pursue the claim for the balance amount in appropriate proceedings. In the circumstances, this writ petition is disposed of with a direction to the respondent to release the amount covered by Ext.R1(a) in the light of Ext.R1(d). The said amount shall be disbursed to the petitioner, expeditiously, at any rate, within one week from the date of receipt of copy of this judgment. It will be open to WPC.No.581/2011 : 3 : the petitioner to pursue the remedies to satisfy the claim in regard to the balance amount. Sd/- C.T.RAVIKUMAR, Judge jma //true copy// P.A to Judge