IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID THURSDAY, THE 17TH NOVEMBER 2011 / 26TH KARTHIKA 1933 WP(C).No. 21070 of 2011(G) -------------------------- PETITIONER --------------- M. HANEEFA, KUREEKATTIL HOUSE, CHITTUR WARD, PATHANAMTHITTA. BY ADV. SRI.S.ABDUL RAZZAK RESPONDENT --------------- THE VADASSERIKARA GRAMA PANCHAYAT, REPRESENTED BY ITS SECRETARY, VILLAGE PANCHAYAT OFFICE, VADASSERIKARA, PATHANAMTHITTA-689 645. R1 BY ADVS. SRI.S.EASWARAN , SC SRI.P.MURALEEDHARAN (IRIMPANAM) SRI.M.A.AUGUSTINE THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: VK WP(C).No. 21070 of 2011(G) --------------------------------- APPENDIX ---------- PETITIONER'S EXHIBITS -------------------------- EXT.P1. COPY OF AGREEMENT N.8/05-06 EXT.P2. COPY OF AGREEMENT N.9/05-06 EXT.P3. COPY OF RESPONDENT'S REPLY DATED 13.3.2006. EXT.P4. COPY OF COMPLETION REPORT DATED 29.6.2007 EXT.P5. COPY OF COMPLETION REPORT DATED 25.6.2008 EXT.P6. COPY OF FINAL BILL & COMPLETION CERTIFICATE EXT.P7. COPY OF JUDGMEN DT. 19.11.2008 IN WP NO.20589/2008 EXT.P8. COPY OF RESPONDENT'S LETTER DATED 04.05.2009 EXT.P9. COPY OF RESPONDENT'S ORDER DATED NIL RECEIVED ON 30.11.09. EXT.P10. COPY OF PETITIONER'S REPRESENTATION DATED 27.1.2010 EXT.P11. COPY OF POSTAL AD CARD FOR DEIVERY OF EXT.P10. REPONDENT'S EXHIBITS : NIL ----------------------------- / TRUE COPY / P.A. TO JUDGE VK HARUN-UL-RASHID, J. --------------------------------------- W.P.(C) No. 21070 of 2011 --------------------------------------- Dated this the 17th day of November 2011. JUDGMENT The writ petition is filed seeking to quash Ext.P9 order and for a direction directing the respondent to make payment under Ext.P1 as mandated by the Kerala Panchayat Raj (Execution of Public Works) Rules 1997 and as per the undertaking in Ext.P7 for public works admittedly executed and for other incidental reliefs. 2. Two bilateral contracts as Agreement No. 8/05-06 & 9/05-06 were executed by the petitioner. Exts.P1 and P2 are copies of the agreements. Petitioner submits that he had subsequently completed the work under agreement No. 9/05-06 on 5.2.07. Subsequent to Ext.P7 judgment the petitioner received payment in respect of the said work. 3. The grievance of the petitioner is that despite agreement and repeated requests the payment as per Ext.P1 agreement was not released and that had delayed completion of the said work . It is W.P.(C) No.21070/2011 2 pointed out that however that work is completed by the petitioner on 5th May 2008. 4. The petitioner approached this Court in 2008 in W.P.C. No.20589/2008 seeking a direction directing the respondent to make payment under Exts.P1&P2. This Court disposed of the writ petition by Ext.P7 judgment. Referring to the submission of the learned counsel for the respondent Panchayat this Court observed that “ As far as Ext.P1 agreement is concerned, the petitioner has not yet submitted his completion certificate. According to the counsel for the Panchayat, if the petitioner submits completion certificate, his claim for payment would be considered and orders passed within a period of one month. He further submits that the undisputed amounts can be disbursed within one month and in respect of the disputed amounts, the Panchayat would decide the matter, after hearing the petitioner also.”. 5. The writ petition was disposed of by this Court recording the above submission of the learned counsel for the W.P.(C) No.21070/2011 3 respondent Panchayat and directed the Panchayat to complete the entire proceedings within a period of two months from the date of receipt of a copy of the judgment. 6. Learned counsel for the petitioner submits that the work under Ext.P1 agreement 8/05-06 was completed by the petitioner on 5th May 2008 and the completion was reported to the Assistant Engineer concerned on the same day and to the Secretary in writing on 25.6.2008. Ext.P5 is the copy of the completion report dated 25.6.2008 submitted to the Secretary of the Panchayat. According to the petitioner, the respondent failed to perform the statutory and contractual obligation to measure the quantity of work executed under Ext.P1 agreement and that a total amount of Rs. 3,00,00/-is due to the petitioner for the said work. The counsel submits that subsequent to the direction issued as per Ext.P7 judgment, and in response to the notice dated 30.12.08, the petitioner on 6.1.09 appeared before the respondent and re-presented petitioner’s completion report dated 25.6.2008 in respect of W.P.(C) No.21070/2011 4 the work completed on 5.5.2008. 7. Petitioner sent notice dated 10.11.09 alleging non- performance of the undertaking recorded in Ext.P7 judgment. Thereafter, the respondent issued Ext.P9 communication directing the petitioner to produce documents such as Measurement Book, Bill and Completion Certificate for the release of the amount due for work executed under Ext.P1 agreement. Petitioner submitted Ext.P10 reply dated 27.1.2010 reporting that the same was submitted on the date of completion of the work i.e. on 5.5.2008 and subsequently, the completion was reported to the Secretary in writing on 25.6.2008. The grievance of the petitioner is that despite statutory mandate and time limit as stipulated in Ext.P7 judgment for payment of the work executed by the petitioner and as per Ext.P1 agreement, the respondent is not making payment. 8. In the counter affidavit filed by the Panchayat it is inter alia contended that since Exts.P5 and P7 marked in W.P.(C) No.21070/2011 5 W.P.(C) No. 20589/2008 were not the completion certificates as contemplated under law. It was submitted by the counsel on behalf of the respondent in W.P.C. 20589/2008 that if the completion certificate is produced by the petitioner his claim for payment would be considered and orders passed within a period of one month. It is also stated in the counter affidavit that notwithstanding Ext.P9, the petitioner has not appeared before the Secretary of the Panchayat with all documents as requested for by the respondent and that in the said circumstances, the Panchayat is not responsible for the delay in payment allegedly due to the petitioner. It is submitted that the petitioner has not yet submitted the completion certificate. Section 15 6[(7)] of the Kerala Panchayat Raj (Execution of Pubic Works) Rules 1997 reads as follows:- “The Contractor or Executive Committee Convener of the beneficiary Committee as the case may be, shall inform in writing the Panchayat Secretary and the Panchayat Engineer the fact of completion of work and the measurement of work W.P.(C) No.21070/2011 6 and check measurement shall be completed within one week of receipt of such information and after that final payment of the work shall be made within two weeks”. Taking into consideration the fact that the petitioner completed the work under Ext.P1 agreement on 5.5.2008 and reported the completion as per Ext P5 dated 25.6.2008, the direction issued by this Court in Ext.P7 judgment and request in Ext.P10 in reply to Ext.P9, the writ petition is disposed of directing the respondent to complete the formalities, if any, required for making the payment under Ext.P1 agreement within 6 weeks from the date of receipt of a copy of this judgment. It is for the respondent, through Assistant Engineer Local Self Government Department, to complete the formalities required for the measurement and issue completion certificates to the petitioner. HARUN-UL-RASHID JUDGE al