IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 13TH JANUARY 2011 / 23RD POUSHA 1932 WP(C).No. 24195 of 2010(Y) -------------------------- PETITIONER(S): --------------- VIJU.V.K., S/O.KUNJUKUNJU, VANACHIRAKKAL HOUSE, THENGODU P.O., COCHIN-682 030, ERNAKULAM DISTRICT. BY ADV. SRI.K.I.ABDUL RASHEED SRI.K.A.SHAMSUDEEN SMT.SEEMA.E.GEORGE SRI.V.K.MEETHIANKUNJU RESPONDENT(S): --------------- 1. THE STATE OF KERALA REP. BY THE PRINCIPAL SECRETARY, HEALTH & FAMILY WELFARE DEPARTMENT, GOVT. SECRETARIAT, THIRUVANANTHAPURAM. 2. THE SECRETARY TO GOVT., CO-OPERATIVE DEPT., GOVT. SECRETARIAT, THIRUVANANTHAPURAM. 3. THE DISTRICT COLLECTOR, ALAPPUZHA. 4. THE EXECUTIVE ENGINEER, PWD BUILDINGS DIVISION, ALAPPUZHA. BY GOVT. PLEADER SRI. T.K. ARAVINDKUMAR BABU THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. -------------------------------------------------- W.P.(C) NO.24195 OF 2010(Y) -------------------------------------------------- Dated this the 13th day of January, 2011 J U D G M E N T For the Tsunami rehabilitation work executed by the petitioner at the Women and Children Hospital, Alappuzha, petitioner claims that an amount of Rs.82,237/- is due to him after deducting tax and other levies. According to the petitioner, going by the terms of Ext.P1 Government Order dated 21.6.2005 the amount is to be disbursed by the 2nd respondent. It is his grievance that despite having executed the work and submitted the final bill way back in 2009, so far the amount has not been disbursed. Petitioner refers to Ext.P5, which is stated to be a judgment rendered by this court in identical circumstance. 2 Learned Government Pleader who has obtained instructions from the 4th respondent submits that a final bill for an amount of Rs.82,237/- has been submitted to the 3rd respondent and that payment has not been made to the petitioner for the reason that the 2nd respondent has not sanctioned the amount so for. 3. Thus there is no dispute about the amount due to the petitioner. The only impediment is that the 2nd respondent has WPC.No. 4195/2010 :2 : not sanctioned payment. Going by the terms of Ext.P1 Government Order, the Government have ordered that the amount due in this case is to be disbursed by the 2nd respondent. 4. In this case admittedly the final bill of the petitioner has been submitted to the District Collector way back on 25.3.2009 and so far payment is withheld. Having regard to the provisions of Ext.P1 Government Oder, which obliges the 2nd respondent to disburse the amount and as the liability to the petitioner is admitted, the 2nd respondent shall disburse the amount which is found to be due to the petitioner and on its disbursement, the 3rd respondent will pay the amount to the petitioner. 5. Petitioner is directed to produce a copy of the judgment before respondents 2 and 3 who thereupon shall take appropriate action for disbursement of the amount as directed above. The second respondent shall pass orders in this behalf at any rate within 6 weeks from the date of production of a copy of the judgment and the 3rd respondent shall disburse the amount within 4 weeks thereafter. Writ Petition is disposed of as above. (ANTONY DOMINIC) JUDGE vi/ WPC.No. 4195/2010 :3 :