IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 25TH MARCH 2009 / 4TH CHAITHRA 1931 WP(C).No. 3986 of 2009(Y) ------------------------- PETITIONER(S): --------------- KRISHNAKUMAR.P., KRISHNA VILAS, AYOOPARA PO., POTHENCODE VIA., THIRUVANANTHAPURAM. BY ADV. SRI.AJITH KRISHNAN RESPONDENT(S): --------------- 1. STATE OF KERALA, REP. BY SECRETARY, LOCAL SELF GOVERNMENT DEPARTMENT, GOVT.SECRETARIAT, THIRUVANANTHAPURAM. 2. SECRETARY, L.S.D.D., DISTRICT PANCHAYATH, PATTOM, THIRUVANANTHAPURAM. 3. ASSISTANT EXECUTIVE ENGINEER, LOCAL SELF GOVT.,(PUBLIC WORKS), SUB DIVISION, TRIRUVANANTHAPURAM, 4. POTHENCODE GRAMA PANCHAYATH, (SPECIAL GRADE), REP. BY ITS SECRETARY, POTHENCODE PO., THIRUVANANTHAPURAM. ADV. SRI.M.RAJAGOPALAN NAIR FOR R4 SRI.PIRAPPANCODE V.SREEDHARAN NAIR FOR R2 SRI.PIRAPPANCODE V.S.SUDHIR FOR R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PETITIONER'S EXHIBITS: W.P.C.NO. 3986/2009. ------------------------------------------------------------------ EXT.P1 TRUE COPY OF RUNING ACCOUNT BILL. EXT.P2 RELEVANT PAGE OF MINUTE BOOKS. EXT.P3 BILL PAYMENT CERTIFICATE. EXT.P4 REPRESENTATION DT. 15-11-2008. [TRUE COPY] P.S TO JUDGE. S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W. P (C) No. 3986 of 2009 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 25th March, 2009. J U D G M E N T The petitioner is a PWD contractor. He undertook the work of construction of a fish and meat market for the 4th respondent- Panchayat. His grievance in this writ petition is that the balance amount due to the petitioner for the work done amounting to Rs.62,773/- is not being paid to the petitioner. 2. Counsel for the 4th respondent admits the liability to pay. His contention is that the revised estimate has not been approved by the District Planning Committee and that is why the amount could not be paid. He further submits that sanction has been sought for to pay the amount from the Panchayat's own funds, which is awaited. 3. Whether the 4th respondent gives sanction or not, in so far as the petitioner has executed the work to the satisfaction of the 4th respondent, the 4th respondent is liable to pay that amount. In the above circumstances, I dispose of this writ petition with a direction to pay to the petitioner the balance amount due to him, if necessary, from out of the own funds of the Panchayat, as expeditiously as possible, at any rate, within two months from the date of receipt of a copy of this judgment. Sd/- S. Siri Jagan, Judge. Tds/