IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 8TH JANUARY 2009 / 18TH POUSHA 1930 WP(C).No. 32700 of 2007(P) -------------------------- PETITIONER(S): --------------- NIBU KURIAKOSE, S/O. LATE KURIAKOSE, AGED 42 YEARS, KANIYAMATTATHIL HOUSE, KINGINIMATTOM, P.O.KOLENCHERY. BY ADV. SRI.SAJEEV KUMAR K.GOPAL RESPONDENT(S): --------------- 1. THE ARYAD BLOCK PANCHAYAT, ALAPPUZHA DISTRICT. 2. THE BLOCK DEVELOPMENT OFFICER, ARYAD BLOCK, ALAPPUZHA DISTRICT. 3. THE COMMISSIONER, RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. GOVERNMENT PLEADER SHRI.MOHAMMED ANZAR ADV. SHRI.T.RAJESH & BINNY JOSEPH.P FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).No. 32700/07. APPENDIX PETITIONER(S)' EXHIBITS P1. COPY OF THE COMMUNICATION DTD.10.3.06. P2. COPY OF THE COMPETITION CERTIFICATE. P3. COPY OF THE PAYMENT DETAILS. P4. COPY OF THE COMMUNICATION DTD.13.3.07 OF R1. PETITIONER(S)' EXHIBITS R1A. COPY OF THE BILL REPORT. B. COPY OF THE LETTER DTD.12.9.07 BY R2. Sdk+ ///True copy/// P.A. to Judge S.SIRI JAGAN, J. ================== W.P(C).No.32700 of 2007 ================== Dated this the 8th day of January, 2009 J U D G M E N T The petitioner is a Government contractor. He entered into a contract with the 1st respondent-Panchayat for construction of a road viz., Kalavoor Bridge-Valiya Kalavoor Bund Road at an estimated cost of Rs.55 lakhs. The petitioner completed the work. In respect of that work, certain amounts are due to the petitioner. The petitioner submits that the petitioner has not been paid that amount on the ground that the project is funded by the NABARD. Since the NABARD has not made available funds required for the same, the 1st respondent is not paying the amount. In view of the fact that the contract is between the petitioner and the 1st respondent, the primary liability to pay the amount due to the petitioner is on the 1st respondent. If the funds are to be made available by the NABARD, it is for respondents 1 to 3 to take appropriate steps in that regard. The petitioner cannot be asked to wait indefinitely for the purpose, in so far as he has completed the work satisfactorily. In the above circumstances, I had repeatedly directed the Government Pleader w.p.c.32700/07 2 and the counsel for the 1st respondent to inform this Court as to within what time the respondents would be in a position to pay the balance amount due to the petitioner. 2. Today, the learned Government Pleader submits that appropriate steps have been taken in the matter and the balance amount would be paid before the end of the financial year. In the above circumstances, this writ petition is disposed of with a direction to respondents 1 to 3 to see that the balance amount due to the petitioner is paid, as expeditiously as possible, at any rate, within three months from the date of receipt of a certified copy of this judgment. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge