IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 3RD AUGUST 2011 / 12TH SRAVANA 1933 WP(C).No. 10820 of 2011(B) --------------------------------------- PETITIONER: ------------------- THOMAS MATHEW,AGED 43,S/O.MATHAI, VEMBILLIL , KALOOR P.O,PERAMANGALAM,MUVATTUPUZHA, ERNAKULAM. BY ADVS. SRI.R.BINDU (SASTHAMANGALAM), SRI.PRASANTH M.P. RESPONDENTS: ------------------------ 1. THE DEPUTY TAHSILDAR(RR), MUVATTUPUZHA- 686 661. 2. AYAVANA GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY,AYAVANA P.O,PIN- 686 676. 3. THE SECRETARY, AYAVANA GRAMA PANCHAYATH, AYAVANA P.O, PIN- 686 676. 4. STATE OF KERALA,REPRESENTED BY THE SECRETARY TO DEPARTMENT OF LOCAL SELF GOVERNMENT, GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM- 695 001. R1 & R4 BY GOVT. PLEADER SRI. C.K. GOVINDAN, R2 & R3 BY ADVS. SRI.M.C.CHERIAN, SRI.M.A.THOMAS KUTTY, SMT.SARAMMA CHERIAN, SMT.ASHA CHERIAN, SRI.P.M.SANEER. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/08/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.10820/2011-B: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE NOTICE DTD. 16/01/2010 BY THE R.3. EXT.P.2: COPY OF THE NOTICE DTD. 07/03/2011 BY THE R.1. EXT.P.3: COPY OF THE REPRESENTATION DTD. 24/03/2011 GIVEN BY THE PETITIONER TO THE R.1. RESPONDENTS' EXHIBITS: EXT.R2.A: COPY OF THE RELEVANT PAGES OF THE AUDIT REPORT. EXT.R2.B: COPY OF THE NOTICES DTD. 09/02/2009 OF THE PANCHAYATH TO THE PETITIONER FOR RS.11490/-. EXT.R2.C: COPY OF THE NOTICES DTD. 09/02/2009 OF THE PANCHAYATH TO THE PETITIONER FOR RS.6,533/-. //TRUE COPY// P.A. TO JUDGE. Prv. S.SIRI JAGAN, J. ================== W.P.(C).No. 10820 of 2011 ================== Dated this the 3rd day of August, 2011 J U D G M E N T The petitioner is the convenor of a beneficiary committee who undertook a work on behalf of the 2nd respondent panchayat for implementing a project of drinking water in the panchayat. The petitioner completed the work and the final bill was settled in 2006. The petitioner has now been served with Ext.P1 demand for ` 11,490/-, which was the mobilisation advance given to the petitioner, which had not been taken into account while preparing the final bill and an amount of ` 6533/- alleged to be the difference in the rate for the earth work done. The petitioner submits that those amounts are not due from the petitioner. 2. Respondents 2 and 3 have filed a counter affidavit justifying the demand. 3. I have considered the rival contentions in detail. 4. As far as the demand of ` 11490/- is concerned, the petitioner does not dispute the fact that that amount represents the mobilisation advance given to the petitioner, which was not taken into account for preparing the final bill. That being so, the petitioner cannot have a dispute regarding the demand for the said amount. In respect of the amount of ` 6533/- the petitioner now confines his prayer for a w.p.c.10820/11 2 direction to the panchayat to consider the matter after affording an opportunity of being heard to the petitioner. In the facts and circumstances of the case, I dispose of this writ petition with a direction to the 2nd respondent to consider the question of payment by the petitioner of the amount of ` 6533/- and pass appropriate orders, as expeditiously as possible, at any rate, within two months from the date of receipt of a certified copy of this judgment. If the petitioner pays the amount of ` 11490/- with 9% interest, recovery of the other amount would stand stayed until the panchayat takes a decision as directed above. The amount shall be paid within one month. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge