IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 9TH FEBRUARY 2009 / 20TH MAGHA 1930 WP(C).No. 33338 of 2008(R) -------------------------- PETITIONER(S): --------------- V.RAJENDRAN, S/O.VASUDEVAN PILLA, GOVT. CONTRACTOR, CHERUVATTIYOORKONAM HOUSE, MALAYINKEEZHU, NEERAMONKUZHI, OORUTTAMBALAM P.O., THIRUVANANTHAPURAM. BY ADV. SRI.AJITH KRISHNAN RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, LOCAL SELF GOVT. DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE PROJECT DIRECTOR, POVERTY ALLEVIATION UNIT, DISTRICT PANCHAYATH WING, THIRUVANANTHAPURAM. 3. THE EXECUTIVE ENGINEER, OFFICE OF THE EXECUTIVE ENGINEER, L.S.G.D.DIVISION, PATTOM, THIRUVANANTHAPURAM. 4. THE SECRETARY, BLOCK PANCHAYATH, NEDUMANGADU BLOCK OFFICE, THIRUVANANTHAPURAM. ADV. SRI.V.G.ARUN FOR R4 SRI.T.R.HARIKUMAR FOR R4 GOVERNMENT PLEADER SMT.K.R.DEEPA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).No. 33338/08. APPENDIX PETITIONER(S)' EXHIBITS P1. COPY OF THE LETTER DTD.13.8.2008 TO R2 BY R3. P2. COPY OF THE REPRESENTATION DTD.9.10.98 TO R4. Sdk+ ///True copy/// P.A. to Judge S.SIRI JAGAN, J. ================== W.P(C).No.33338 of 2008 ================== Dated this the 9th day of February, 2009 J U D G M E N T The petitioner in this writ petition is a contractor who has undertaken and completed certain works on behalf of the 4th respondent-Panchayat. He claims that an amount of Rs.16,82,307/- as balance bill amount is due to him. In paragraph 4 of the counter affidavit filed by the 4th respondent it is stated thus: “4. On the basis of the Bill submitted by the petitioner part payment amounting to Rs.23,86,987 (inclusive of taxes) has been so far effected by this respondent. The claim raised in this writ petition for an amount of Rupees 16,82,307/- is inclusive of bill amount of Rs.10,33,205/- plus an amount of Rs.2,38,460/- which is withheld as retention amount and an amount of Rs.4,10,642/- which is the value of excess cost of Bitomen. This amount need be paid only if the claim is approved by the Block Panchayat Committee in which case the fund should be identified and a project prepared for the same and sanctioned by the District Planning Committee. Therefore the question of disbursing the amount of Rs.4,10,642/- does not arise at this point of time.” That being so, the 4th respondent does not dispute the eligibility of the petitioner to receive the amounts of Rs.10,33,205/- and Rs.2,38,460/-. The only objection of the 4th respondent is regarding the amount of Rs.4,10,642/-, that too, regarding want of approval by the Block Panchayat Committee. In the above circumstances, this writ petition is disposed of with the following directions: The amounts of Rs.10,33,205/- and Rs.2,38,460/- shall be disbursed to the petitioner as expeditiously as possible, at any rate, within two months from the date of receipt of a certified copy of this w.p.c.33338/08 2 judgment. As far as the balance amount of Rs.4,10,642/- is concerned the 4th respondent shall, in consultation with the Block Panchayat Committee, take a final decision within a period of two months and pay the said amount also within one month thereafter in accordance with the decision. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge