IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE HARUN-UL-RASHID MONDAY, THE 19TH DAY OF DECEMBER 2011/28THAGRAHAYANA 1933 WPC.No. 35229 of 2007 (R) ================= PETITIONER: ========= K.MUHAMMEDKUNHI, BEVINJE P.O. THEKKIL FERRY KASARAGOD TALUK. BY ADV.MR.A.K.ABDUL AZEEZ RESPONDENTS: ========== 1 THE STATE OF KERALA, REP. BY DISTRICT COLLECTOR KASARAGOD. 2 THE DISTRICT PLANNING OFFICER, KASARAGOD. 3 PRESIDENT, ENMAKAJE GRAMA PANCHAYATH P.O.PERLA KASARAGOD DISTRICT. 4 SECRETARY, ENMAKAJE GRAMA PANCHAYATH P.O.PERLA KASARAGOD DISTRICT. BY ADV.MR.M.SASINDRAN FOR R4 GOVERNMENT PLEADER MR.V.K.RAFEEQ FOR R1 & R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19-12-2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC.No. 35229 of 2007 (R) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: PROCEEDINGS OF R1 DTD. 3.6.2006. EXT.P2: ABSTRACT OF ESTIMATE. EXT.P3: REPRESENTATION. EXT.P4: MEASUREMENT BOOK. EXT.P5: COMPLETION CERTIFICATE DTD. 23.2.2007. EXT.P6: LAWYERS NOTICE. RESPONDENTS' EXHIBITS: NIL .... // TRUE COPY // P.A TO JUDGE. HARUN-UL-RASHID, J. ------------------------ W.P.(C).No.35229 Of 2007 ---------------------- Dated this the 19th day of December, 2011. J U D G M E N T Writ petition is filed for a direction commanding the respondents to disburse the bill amount due to the petitioner for the works executed under ARWSS for providing water supply scheme to Kanjampady SC Colony in Enmakaye Panchayath with interest. 2. The petitioner was assigned with the contract work for water supply and sanitation work to Kanjampady SC Colony in Enmakaye Grama Panchayath by the 4th respondent as per the directions and approval of respondents 1 to 3. The petitioner submits that the petitioner completed the work and produced all the relevant records including the M Book, Completion Certificate and final bill before respondents 3 & 4 and requested to sanction the amount due to the petitioner after approving the final bill for Rs.5,90,890/-. The grievance of the petitioner is that even after submitting the documents and complying with all the formalities as required under law, respondents failed to release the amount ::2:: W.P.(C).No.35229 Of 2007 due to the petitioner. It is pointed out that the work was completed during the year 2007 and that the final bill amount of Rs.5,90,890/- ought to have been released to the petitioner during the month of February itself. 3. Ext.P1 is the copy of the proceedings of the 1st respondent dated 3.6.2006 and Ext.P2 is the copy of the abstract of estimate. Ext.P3 is the copy of the communication issued by the Secretary of the Panchayath addressed to the District Collector dated 20.3.2007 informing that the project has been completed and requested the District Collector to approve the final bill and release the amount. 4. In the counter affidavit filed by respondents 1 & 2 it is inter alia stated that as per the request of the petitioner to release the bill amount of the contract, part payment of Rs.3,56,274/- has already been released to the contractor and that the balance amount eligible to the contractor will be released soon on completion of the scheme. The act of the respondents in not disbursing the bill amount even after several years of completion of the work is unjustifiable and unsustainable. The ::3:: W.P.(C).No.35229 Of 2007 completion certificate is dated 23.2.2007. Respondents have no case that the work has not been completed by the petitioner as per the terms and conditions of the contract. Date of completion certificate marked in Ext.P5 is 23.2.2007. In these circumstances there is no justification for withholding the amount due to the petitioner. The writ petition is therefore disposed of with a direction commanding the respondents to disburse the balance bill amount due to the petitioner within one month for the work executed under ARWSS for providing water supply scheme to Kanjampady SC Colony in Enmakaye Grama Panchayath with interest @ 7% per annum from the due date. HARUN-UL-RASHID, Judge. bkn/-