IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN WEDNESDAY, THE 29TH OCTOBER 2008 / 7TH KARTHIKA 1930 WP(C).No. 27773 of 2008(F) ----------------------------------------- PETITIONER(S): ------------------------- B.RADHAKRISHNAN, PANDALUMANCHUVATTIL HOUSE, EAST GATE, VAIKOM.P.O, KOTTAYAM DISTRICT. BY ADV. SRI.J.JULIAN XAVIER SRI.FIROZ K.ROBIN RESPONDENT(S): ---------------------------- 1. AUTHORIZED OFFICER, STATE BANK OF TRAVANCORE, VAIKOM BRANCH, KERALA. 2. BRANCH MANAGER, STATE BANK OF TRAVANCORE, VAIKOM BRANCH. 3. VAIKOM MUNICIPALITY, REPRESENTED BY ITS SECRETARY, VAIKOM, KOTTAYAM DISTRICT. ADV. SRI.M.PATHROSE MATTHAI (SR.) FOR R1 & 2 SRI.SAJI VARGHESE FOR R1 & 2 SRI.K.REGHU KOTTAPPURAM FOR R3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/10/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss THOTTATHIL B. RADHAKRISHNAN, J. ================================== W.P.(C) No.27773 OF 2008(F) ================================== Dated this the 29th day of October, 2008 J U D G M E N T The petitioner is a contractor who is undertaking different works of the third respondent Municipality. He availed an overdraft facility from the second respondent bank to carry out those works. He also executed an irrevocable power of attorney authorising the second respondent to collect the amounts payable by the third respondent to the petitioner. This was functioning well and the bank was getting the funds. As of now, the bank has initiated SARFAESI Act proceedings on account of failure in repayment of certain amounts. 2. It appears that the petitioner has completed certain works, the amounts for which are due from the third respondent. Such payments are not being released because the measurements have not been taken and check measured to finalise the payment. Municipal Engineer of the third respondent was transferred. The incumbent to take charge in the third respondent Municipality is on maternity leave. The resultant situation is that W.P.(C) No.27773 OF 2008 - 2 - the third respondent Municipality does not have a Municipal Engineer, as of now. A Local Self Government institution cannot be incapacitated by such a fact situation. The works of the Municipality have to be undertaken as is required to provide facilities to the citizens. Similarly, delay in payment of bills will only mulct the Municipality with further liability. In the case in hand, such delay will also affect the petitioner, if the bank further proceeds with the securitisation proceedings. Under such circumstances, on the basis of deliberations, learned counsel for the third respondent has obtained further instructions from his client and has made submissions touching the matter. In the aforesaid circumstances, this writ petition is ordered as follows:- The competent authority in the Public Works Department of the Government of Kerala having jurisdiction as the Check Measuring Officer will depute his competent subordinate to have the measurements carried out through the Public Works Department without waiting for the Municipal Engineer to report. This exercise will be undertaken within a period of two weeks from the date of receipt of a copy of this judgment. On the basis of W.P.(C) No.27773 OF 2008 - 3 - the measurements recorded by that officer, check measuring would be done by the competent Public Works Department Engineer and on the basis of that, the bills will be finalised and amounts due to the petitioner released within a period of one month from now. Any work that is still to be done after such measurements, will also be completed in another three weeks and the same process regarding measuring, check measuring and release of amounts shall be undertaken to ensure that the entire remaining amounts due to the petitioner is also released within a further period of one month. The entire remittances shall be made by the third respondent directly to the second respondent. To aid this process, the impugned proceedings against the petitioner shall stand suspended for a further period of two months and two weeks from now. All other issues are left open. Issue copy of this Judgment today itself. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Skr/29/10