IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 16TH DECEMBER 2011 / 25TH AGRAHAYANA 1933 WP(C).No. 23886 of 2009(E) -------------------------- PETITIONER(S): --------------- PRAMOD.J. KARIKOTH, AGED 35 YEARS S/O. JOSE.V.KARIKOTH, 'CELINE GARDENS' PERUMBALLOOR.P.O., MUVATTUPUZHA. BY ADV. SRI.A.T.ANILKUMAR RESPONDENT(S): --------------- 1. THE STATE OF KERALA, REP. BY SECRETARY TO THE GOVERNMENT, HEALTH DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR PATHANAMTHITTA DIST. 3. THE MEDICAL OFFICER, PUBLIC HEALTH CENTRE, VADASSERIKKARA, PATHANAMTHITTA. 4. VADASSERIKARA GRAMAPANCHAYATH REP. BY ITS SECRETARY, VADASSERIKARA. 5. THE PRESIDENT, VADASSERIKARA GRAMAPANCHAYATH, VADASSERIKARA. 6. ICICI KINFRA LIMITED PATTOM, THIRUVANANTHAPURAM. ADV. SRI.SATHISH NINAN FOR R5 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.23886/09 APPENDIX PETITIONER'S EXHIBITS EXT.P1: TRUE COPY OF THE AGREEMENT DATED 28.4.06. EXT.P2: TRUE COPY OF THE LETTER ISSUED TO THE 6TH RESPONDENT DATED 12.7.06. EXT.P3: TRUE COPY OF THE LETTER ISSUED BY THE 6TH RSPODNENT TO THE 4TH RESPONDENT DATED 18.10.06. EXT.P4: TRUE COPY OF THE LETTER ISUED BY THE 5TH RESPONDENT TO THE 2ND RESPONDENT DATED 28.12.06. EXT.P5: TRUE COPY OF THE SANCTION ISSUED BY THE DLTC. EXT.P6: TRUECOPY OF THE REQUEST SUBMITTED BY THE PETITIONER BEFORE THE 5TH RESPONDENT DATED 2.11.07. EXT.P7: TRUE COPY OF THE LETER ISSUED BY THE 2ND RESPONDENT TO THE 5TH RESPONDENT DATED 17.10.08. //TRUE COPY// P.A. TO JUDGE Rp ANTONY DOMINIC, J. ================ W.P.(C) NO. 23886 OF 2009 ===================== Dated this the 16th day of December, 2011 J U D G M E N T Petitioner is a contractor. According to the petitioner, during 2006, he was awarded work of construction and maintenance of the Primary Health Centre at Vadasserikkara in Pathanamthitta District. Petitioner submitted a part bill for an amount of `2,15,000/-. However, that was rejected by the 5th respondent on the ground that proper permission was not obtained for change of material in the work. Representations made also did not yield any result, and that led the petitioner to file this writ petition. 2. When this matter came up for orders before this Court on 25/10/11, taking note of the submissions made, 1st respondent was directed to take a decision regarding the reallotment of the funds to the Panchayat. Accordingly, the 1st respondent considered the mater and issued GO(Rt) No.4148/11/H&FWD dated 1/12/2011, para 3 of which reads as under:- “3. Since a considerable amount has been spent by the contractor for the work awarded for `3,73,000/- and `2,15,000/- is claimed by the contractor as part bill and in view of the direction WPC No.23886/09 :2 : of the Hon'ble High Court, Government hereby order that the Director of Health Services shall allot necessary funds to Vadasserikkara Grama Panchayath for onward transmission to the Medical Officer, Primary Health Centre, Vadasserikkara for settlement of the claim of the contractor. The payment to the contractor should be effected only after verification and recommendations of the work by competent authority.” 3. Learned Government Pleader further submits that the funds are now available with the Panchayat. Now that the funds having been made available before the Panchayat, it is directed that the work executed by the petitioner shall be verified and depending upon the recommendation of the competent authority, the amount due to the petitioner shall be disbursed. This shall be done at any rate within 6 weeks of receipt of a copy of this judgment. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE Rp