IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 10TH MARCH 2010 / 19TH PHALGUNA 1931 WP(C).No. 6639 of 2009(Y) ------------------------------------- PETITIONER(S): ---------------------- M.A. ABDUL HARIS, S/O.M.A. MOHAMMED KUNHI HAJI, GOVT. CONTRACTOR, MUNNAMBATH HOUSE, CHENGALA P.O., KASARAGOD DISTRICT. BY ADV. MR.BABU JOSEPH KURUVATHAZHA RESPONDENT(S): ------------------------- 1. KUNNUMMAL BLOCK PANCHAYAT, REPRESENTED BY ITS SECRETARY, OFFICE OF THE KUNNUMMAL BLOCK PANCHAYAT, KUNNUMMAL, VATTOLI-VIA, KOZHIKODE DISTRICT. 2. THE PRESIDENT, KUNNUMMAL BLOCK PANCHAYAT KUNNUMMAL, VATTOLI-VIA, KOZHIKODE DISTRICT. 3. THE SECRETARY, KUNNUMMAL BLOCK PANCHAYAT KUNNUMMAL, VATTOLI- VIA, KOZHIKODE DISTRICT. 4. THE DISTRICT LEVEL TECHNICAL COMMITTEE, OFFICE OF THE DISTRICT PANCHAYAT, KOZHIKODE, REPRESENTED BY ITS SECRETARY. 5. THE DISTRICT PANCHAYAT COUNCIL, KOZHIKODE, REPRESENTED BY ITS SECRETARY, OFFICE OF THE DISTRICT PANCHAYAT, KOZHIKODE. 6. STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, DEPARTMENT OF RURAL DEVELOPMENT, GOVT. SECRETARIAT, THIRUVANANTHAPURAM. * ADDL. R7 IMPLEADED ADDL.R7: THE DISTRICT COLLECTOR, KOZHIKODE. * ADDL. R7 IS IMPLEADED AS PER ORDER DATED 10/03/2010 IN I.A. NO.3274/2010. R5 BY ADV. MR.S.SREEKUMAR. R6 & ADDL.R7 BY GOVERNMENT PLEADER MR.V. MANU. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/03/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 6639/2009-Y APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE AGREEMENT BEARING NO.3/04-05 EXECUTED BETWEEN THE PETITIONER AND THE 3RD RESPONDENT. EXT.P2: COPY OF THE GENERAL POWER OF ATTORNEY DEED DATED 18/11/2004 CONFIRMING THE RIGHT FOR EXECUTION OF THE WORK AWARDED AS PER EXT.P1 AGREEMENT IN FAVOUR OF MR.M.K. ABDUL RAHIMAN. EXT.P3: COPY OF THE LETTER NO.E751/07 DATED 01/03/2007 ISSUED BY THE 3RD RESPONDENT TO MR.M.K. ABDUL RAHIMAN, THE POWER OF ATTORNEY HOLDER OF THE PETITIONER. EXT.P4: COPY OF THE COMPLETION CERTIFICATE ISSUED BY THE SUPERINTENDING ENGINEER, L.S.G.D (PUBLIC WORKS), NORTH CIRCLE, KOZHIKODE, ASSISTANT EXECUTIVE ENGINEER, POVERTY ALLEVIATION UNIT, DISTRICT PANCHAYAT, KOZHIKODE AND THE ASSISTANT EXECUTIVE ENGINEER, P.W.D. BLOCK DEVELOPMENT OFFICE, KUNNUMMAL. EXT.P5: COPY OF THE DECISION OF THE GOVERNING BODY OF THE 1ST RESPONDENT BEARING NO.222/07, IN ITS MEETING HELD ON 20/08/2007. EXT.P6: COPY OF THE PROCEEDING NO.B21/08 DATED 15/02/2008 OF THE 3RD RESPONDENT ISSUED TO MR.M.K. ABDUL RAHIMAN, THE POWER OF ATTORNEY HOLDER OF THE PETITIONER. EXT.P7: COPY OF THE PROCEEDING NO.D10/1240/05 DATED 31/03/2006 OF THE SUPERINTENDING ENGINEER, DISTRICT PLANNING OFFICE, KOZHIKODE. EXT.P8: COPY OF THE INFORMATION SOUGHT BY MR.M.K. ABDUL RAHIMAN, THE POWER OF ATTORNEY HOLDER OF THE PETITIONER BEFORE THE SECRETARY, DISTRICT PANCHAYAT, KOZHIKODE. EXT.P9: COPY OF THE INFORMATION PROVIDED BY THE EXECUTIVE ENGINEER TO MR.M.K. ABDUL RAHIMAN, THE POWER OF ATTORNEY HOLDER OF THE PETITIONER. EXT.P10: COPY OF THE MINUTES OF THE GENERAL BODY MEETING OF DLTC OF KOZHIKODE DISTRICT HELD ON 15/11/2006, ENCLOSED ALONG WITH EXT.P6. EXT.P11: COPY OF THE PROCEEDING BEARING NO.E21/08 DATED 08/05/2008 OF THE 3RD RESPONDENT. EXT.P12: COPY OF THE REPRESENTATION DATED 05/04/2008 SUBMITTED BY MR.M.K. ABDUL RAHIMAN, THE POWER OF ATTORNEY HOLDER OF THE PETITIONER BEFORE THE 3RD RESPONDENT. EXT.P13: COPY OF THE REPRESENTATION DATED 12/05/2008 SUBMITTED BY MR.M.K.ABDUL RAHIMAN, THE POWER OF ATTORNEY HOLDER OF THE PETITIONER BEFORE THE 2ND RESPONDENT. (PTO) WP(C) NO. 6639/2009-Y EXT.P14: COPY OF THE JUDGMENT DATED 08/07/2008 IN WP(C) NO. 20510/2008 OF THIS HONOURABLE COURT. EXT.P15: COPY OF THE ORDER DATED 28/08/2008 OF THE 3RD RESPONDENT. EXT.P16: COPY OF THE REPRESENTATION DATED 29/12/2008 FILED BY THE PETITIONER BEFORE THE RESPONDENTS 4 TO 6. EXT.P17: COPY OF THE REPRESENTATION DATED 10/02/2010 SUBMITTED BY THE PETITIONER BEFORE THE ADITIONAL 7TH RESPONDENT. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.S. TO JUDGE rs. ANTONY DOMINIC, J ....................... W.P.(C).6639/2009 ....................... Dated this the 10th day of March, 2010 JUDGMENT Petitioner is a contractor who was awarded the work of NABARD RIDF-Kunnummal Block-improvement to Neduval – Neetikotta – Kunduthodu Road for an amount of Rs.84,30,330/-. However he had executed certain extra items of work as a result of which his final bill amount was Rs.89,39,825/-. However he was paid only Rs.84,00,000/- and therefore, the petitioner demanded payment of balance amount of Rs.5,39,825/-. In Ext.P15 order passed by the 3rd respondent, the reason for non payment is stated to be that the revised estimate was not sanctioned by the DLTC and DPC and that administrative sanction was not obtained from the State of Kerala. Petitioner thereupon, represented to the authorities by submitting Ext.P16. However, there was no response and therefore, he filed this writ petition. 2. According to the petitioner, subsequently he came to know W.P.(C).6639/09 2 that the District Collector, being the Chairman of District Labour Technical Committee, is the authority to grant administrative sanction. Thereupon the District Collector was impleaded as additional 7th respondent in this writ petition and the petitioner submitted Ext.P17 representation before the District Collector requesting him to accord administrative sanction in order to enable the petitioner to get the balance amount paid. Order has not been passed on Ext.P17 so far. 3. Learned counsel for the petitioner has produced before me judgment of this Court in W.P.(C).27670/2007 wherein this Court has, in a similar case, directed the District Collector to grant retrospective administrative sanction, in order to enable the petitioner therein to receive payment of amount claimed by him. Learned counsel submits that his case is similar to the case that dealt with by this Court and therefore he is entitled to have an order requiring the District Collector to accord administrative sanction for the extra items of work. 4. If as a matter of fact under the authority of the W.P.(C).6639/09 3 respondents, petitioner has executed extra items of work, prima facie there is no reason why he shall not be paid for the work he did. However, as the impediment is lack of administrative sanction of the District Collector, I think it is appropriate that the District Collector should pass orders on Ext.P17 representation submitted by the petitioner. This the District Collector shall do within eight weeks of production of a copy of this judgment. Thereupon, the amounts if any payable to the petitioner shall be disbursed by the 3rd respondent. Writ petition is disposed of as above. ANTONY DOMINIC, Judge mrcs