IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 7TH AUGUST 2008 / 16TH SRAVANA 1930 WP(C).No. 4403 of 2008(Y) ------------------------- PETITIONER: ------------ C.VIJAYAN,MANAGING PARTNER C.VIJAYAN & COMPANY,CHANNETHODIYIL HOUSE EDAYOOR NORTH P.O., VALANCHERRY VIA, MALAPPURAM. BY ADV. SRI.T.G.RAJENDRAN RESPONDENTS: ------------- 1. STATE OF KERALA REP. BY THE SECRETARY LOCAL SELF GOVERNMENT, SECRETARIAT THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR (CHAIRMAN, DISTRICT RURAL DEVELOPMENT AGENCY) PALAKKAD. 3. THE SECRETARY,KIZHAKKANCHERYY GRAMA PANCHAYATH, PALAKKAD. 4. THE SECRETARY,KANNAMBRA GRAMA PANCHAYATH, PALAKKAD. BY ADV. SRI.S.P.ARAVINDAKSHAN PILLAY FOR R3 & R4 SMT.N.SANTHA FOR R3 & R4 SRI.S.A.ANAND FOR R3 & R4 SRI.PETER JOSE CHRISTO FOR R3 & R4 R1 & R2 BY GOVT. PLEADER SMT. K.R. DEEPA. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. = = = = = = = = = = = = = = = = = W.P.(C) No. 4403 OF 2008 Y = = = = = = = = = = = = = = = = = Dated this the 7th day of August 2008 J U D G M E N T Petitioner was a contractor who was awarded the work of improvements to Koranchira-Valkulam Panankutty-Panthalappadam road under NBARD RIDF VII Scheme in the 3rd and 4th respondent Panchayats. According to the petitioner, he completed the work in 2007, the total value of which is more than 1.41 crores. It is stated that despite having submitted the final bill which has been duly certified he has not been paid the balance amount due. 2. Learned Govt. Pleader, on instructions, submits that what remains unpaid is Rs.30,32,967/- and that the delay in payment is on account of the fact that funds have not been received from the Commissioner for Rural Development, Thiruvananthapuram. It is also submitted that steps are being taken for getting necessary funds released and settling the liability of the petitioner. 3. Since the petitioner has executed the work on being W.P.(C) No. 4403 OF 2008 -2- entrusted the same by orders of the 2nd respondent, it is the responsibility of the 2nd respondent to ensure that payment is made expeditiously. In this case since the liability to pay Rs.30,32,967/- is admitted by the respondents, there is absolutely no justification for the inordinate delay that is caused. 4. In view of the above, the writ petition is disposed of directing that the amount admittedly due to the petitioner for the work he has executed shall be paid to him as expeditiously as possible, at any rate, within 3 months of production of a copy of this judgment. Petitioner shall produce a copy of this judgment before the 2nd respondent for compliance. ANTONY DOMINIC JUDGE jan/-