IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE WEDNESDAY, THE 27TH FEBRUARY 2008 / 8TH PHALGUNA 1929 WP(C).No. 35329 of 2007(E) -------------------------- PETITIONER: ------------ K.J.BIJU, S/O K.K.JOHN, AGED 38 YEARS, KARAKALIL, PERINGANAD P.O., ADOOR, PATHANAMTHITTA DISTRICT. BY ADV. SRI.ARUN.B.VARGHESE RESPONDENTS: ------------- 1. PATHANAMTHITTA DISTRICT PANCHAYAT, REPRESENTED BY ITS SECRETARY, DISTRICT PANCHAYAT OFFICE, PATHANAMTHITTA. 2. EXECUTIVE ENGINEER, LSGD DIVISION, DISTRICT PANCHAYAT OFFICE, PATHANAMTHITTA. R1 BY ADV. SRI.S.P.ARAVINDAKSHAN PILLAY SMT.N.SANTHA SRI.S.A.ANAND SRI.PETER JOSE CHRISTO SMT.A.B.SHRILATHA R2 BY GOVT. PLEADER MR.SHYSON P.MANGUZHA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX(WPC 35329/07) PETITIONER'S EXTS.: EXT.P1: TRUE COPY OF THE AGREEMENT DATED 26.2.2005. EXT.P2: TRUE COPY OF THE PROJECT PERFORMA OF THE RESPONDENTS. EXT.P3: TRUE COPY OF THE COMPLETION CERTIFICATE ISSUED TO THE PETITIONER. EXT.P4: TRUE COPY OF THE REPRESENTATION DATED 8.10.2007 SUBMITTED BEFORE THE 1ST RESPONDENT. EXT.P5: TRUE COPY OF THE JUDGMENT DATED 11.7.2007 IN W.P.(C) NO.6742/07. PIUS C. KURIAKOSE,J. - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.35329 of 2007 - - - - - - - - - - - - - - - - - - - - - - - - - Dated: 27th February, 2008 JUDGMENT No counter affidavit is filed by the 1st respondent- District Panchayat so far. The averments in the Writ Petition stands established by non-traverse. I do not find any justifiable reason for the District Panchayat to defer payment to the petitioner. Under these circumstances, I dispose of the Writ Petition issuing the following directions: The 1st respondent-District Panchayat will release within six weeks from today a sum of Rs.1,50,000/- to the petitioner against his pending bills and thereafter the 1st respondent will take up Ext.P4 representation, hear the petitioner and pass orders on the same in the light of the various grounds raised. Orders as directed above will be passed by the 1st respondent within two months of the 1st respondent complying with the direction regarding payment of Rs.1,50,000/-. srd PIUS C.KURIAKOSE, JUDGE