IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID THURSDAY, THE 4TH AUGUST 2011 / 13TH SRAVANA 1933 WP(C).No. 12059 of 2011(F) ---------------------------------------- PETITIONER(S): ----------------------- P.M. KHALID, PWD CONTRACTOR, ERANJIMANGAD, NILAMBUR, MALAPPURAM DISTRICT. BY ADV. SRI.P.SAMSUDIN RESPONDENT(S): -------------------------- 1. EDAKKARA GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, EDAKKARA-679 331, NILAMBUR TALUK. 2. THE SECRETARY, EDAKKARA GRAMA PANCHAYATH EDAKKARA-679 331, NILAMBUR TALUK. BY ADV. SRI.V.RAJENDRAN, SC. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/08/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs WP(C).No. 12059 of 2011(F) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE AGREEMENT NO.38/05-06. EXT.P2: COPY OF THE AGREEMENT NO.23/06-07. EXT.P3: COPY OF THE LAWYER NOTICE CAUSED BY THE PETITIONER. EXT.P4: COPY OF THE LAWYER NOTICE CAUSED BY THE PETITIONER. RESPONDENT'S EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE rs HARUN-UL-RASHID, J. --------------------------------------- W.P.(C) No. 12059 of 2011 --------------------------------------- Dated this the 4th day of August 2011. JUDGMENT This writ petition is filed seeking a direction directing the respondents to pay the amount of Rs. 2 lakhs being the balance of payment towards full and final settlement of the bill for the construction work of the Edakkara panchayat bus stand building and improvement of new bus stand road at Edakkara with interest @ 12 % on Rs. 2 lakh for the delayed payment of the balance amount. 2. The petitioner is a contractor. The petitioner executed the work agreement with the respondent Grama Panchayat namely construction work of new bu stand road at Edakkara. Though the petitioner submitted final bill, the respondent Panchayat only made part payment. According to the petitioner a sum of Rs. 1,40,000/- and Rs. 60,000-/ is remaining unpaid for the aforesaid two works. The petitioner submits that he had borrowed money from financial institutions and local creditors for advancing amount for the work and that he has to pay 12 % interest per annum to the above creditors. W.P.(C) No.12059/2011 2 Finding that the Panchayat delaying the matter, the petitioner approached this court with the aforesaid prayer. 2. Heard the learned counsel for the petitioner and counsel or the respondents. 3. The amount payable to the petitioner is not disputed. Counsel for the Panchayat submits that due to the financial constrains the Panchayat is not able to honour the payments in time. Learned counsel for the petitioner also requests this Court to grant reasonable time. The counsel submits that the respondents are prepared to make payment within six months. 4. In the circumstance, after considering the respective submission of the parties the writ petition is disposed of with a direction to pay Rs. 2 lakhs with interest @ 7.5% per annum from the date of submission of the final bill. The payment shall be made within a period of 4 months from the date of receipt of a copy of this judgment. HARUN-UL-RASHID JUDGE al