IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR MONDAY, THE 31ST JANUARY 2011 / 11TH MAGHA 1932 WP(C).No. 35198 of 2010(Y) --------------------------------------- PETITIONER(S): ----------------------- KUNJUMON.T.P., S/O. BAVA, AGED 42, THADATHIPARAMBIL, MATHAMBA, KANAYANKAVAYAL.P.O., IDUKKI DISTRICT. BY ADV. SRI.K.T.SHYAMKUMAR SMT.M.S.KIRAN RESPONDENT(S): -------------------------- 1. THE EXECUTIVE ENGINEER, L.S.G.D. DIVISION, IDUKKI-PAINAVU.PIN- 685 603 2. DISTRICT PANCHAYATH, IDUKKI, REPRESENTED BY THE SECREATARY, DISTRICT PANCHYATH, PAINAVU, IDUKKI.PIN- 685 603 3. DISTRICT PANCHAYATH COMMITTEE, REPRESENTED BY THE PRESIDENT, DISTRICT PANCHAYATH, IDUKKI.PIN- 685 602 R2 BY ADV. SRI.S.P.ARAVINDAKSHAN PILLAY SMT.N.SANTHA SRI.S.A.ANAND SRI.PETER JOSE CHRISTO THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 31/01/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.35198/2010 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE AGREEMENT DATED 05/02/2010 EXECUTED BETWEEN THE PETITIONER AND THE EXECUTIVE ENGINEER, DISTRICT PANCHAYATH, IDUKKI ALONG WITH THE AGREEMENT SCHEDULE. P2 COPY OF THE ACKNOWLEDGEMENT FORM OF HANDING OVER THE SITE TO THE PETITIONER DATED 17/02/2010. P3 COPY OF THE ORDER NO.380/09/DPO/DPC DATED 15.12.09380/09/DPO/DPC DATED 15/12/09 IDP/B3/742/10 DATED 25/02/2010 ISSUED BY THE JOINT SECRETARY, COODINATION & DISTRICT PLANNING OFFICER, IDUKKI. P4 COPY OF THE ORDER NO.IDP/B3742/10 DATED 25/02/2010 ISSUED BY THE SECRETARY, DISTRICT PANCHAYATH, IDUKKI TO the EXECUTIVE ENGINEER, LSGD, IDUKKI. P5 COPY OF THE RECEIPT DATED 01/03/2010 ISSUED BY THE PETITIONER. P6 COPY OF THE MINUTES OF THE DISTRICT PANCHAYATH COMMITTEE ON 26/08/2010 AND THE REVISED ESTIMATE SUBMITTED BY THE ASST. ENGINEER. P7 COPY OF THE REVISED AGREEMENT SCHEDULE. P8 COPY OF THE SANCTIONED BILL. P9 COPY OF THE SUBMITTED BY EXCUTIVE ENGINEER DATED 14/09/2010. P10 COPY OF THE BANKER'S CHEQUE P11 COPY OF THE REPRESENTATION DATED 20/09/2010. RESPONDENT'S EXHIBITS: R2(A) COPY OF THE COMMITTEE DECISION NO.1(14) DATED 13/4/2010. R2(B) COPY OF THE LETTER DATED 18/5/2010 OF THE SECRETARY, IDUKKI DISTRICT PANCHAYATH TO THE EXECUTIVE ENGINEER. R2(C) COPY OF THE COMMITTEE DECISION NO.II(21) DATED 4/9/2010. /TRUE COPY/ P.S.TO.JUDGE sts C.T. RAVIKUMAR, J - - - - - - - - - - - - -- - - - - - - - - - - - - - - - W.P.(C) 35198 OF 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 31st day of January, 2011 J U D G M E N T The petitioner was the convener of a project namely Kompanpara S.C Colony Drinking Water Supply Scheme. After completion of the project the committee has submitted a final bill. It is on being aggrieved by the inaction on the part of the second respondent to disburse an amount of Rs.3,21,204/- from the development fund and also to release the project cost of Rs.12,04,613/- included in the development fund of the year 2010-11 that this writ petition has been filed. 2. A counter affidavit has been filed on behalf of the second respondent. It would reveal that the second respondent is disputing the quantum of the amount payable to the petitioner. In Paragraph 7 of the counter affidavit, it has been stated that the petitioner could claim only an amount of Rs.27,72,277/-. 3. When this matter is taken up for consideration today, the learned counsel appearing for the petitioner submitted that the respondents may be directed to disburse the said admitted WPC No.35198/2010 2 amount less the amount already paid. The learned counsel appearing for the respondents submitted that already an amount of Rs.19,45,387/- has been paid and therefore, only an amount of Rs.12.04,613/- is payable to the petitioner. In view of the rival submissions, this writ petition is disposed of directing the second respondent to pay the balance amount payable to the petitioner viz., Rs.12,04,613/- expeditiously, at any rate, on or before 31.3.2011. In case of failure on the part of the respondents to pay the amount on or before the stipulated time, the amount payable to the petitioner shall carry interest @ 8.5%. Disposed of accordingly. Sd/- C.T. RAVIKUMAR, JUDGE jma //true copy// P.A to Judge