K. Kochu Koshy vs Agricultural Officer on 27 May, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 1614 of 2006(P)


1. K. KOCHU KOSHY,
                      ...  Petitioner

                        Vs



1. AGRICULTURAL OFFICER,
                       ...       Respondent

2. ASST. EXECUTIVE ENGINEER,

3. THE SECRETARY,

4. THE TREASURY OFFICER,

                For Petitioner  :SRI.R.KRISHNA RAJ

                For Respondent  :SRI.A.ANILKUMAR

The Hon'ble MR. Justice V.GIRI

 Dated :27/05/2009

 O R D E R
                         V.GIRI, J.
               ---------------------------
                    W.P.(C).1614 of 2006
               ---------------------------
            Dated this the 27th day of May, 2009

                         JUDGMENT

The petitioner is the Convener of the Beneficiary

Committee constituted for taking up the construction of two

culverts to increase the infrastructure of paddy fields in

Vathiculam Ayanikattupadam area in Mavelikara Thekkekara

Grama Panchayat. The work was completed in the year 1999

and the sanctioning authority, the 1st respondent, after

inspection of the work completed by the beneficiary committee,

passed the final bill for an amount of Rs.82,156/- and

forwarded it as per letter No.113/ dated 8.12.2005 to the

Assistant Engineer of the Panchayat. The amounts are to be

disbursed by the panchayat. The petitioner has not been paid

the amount. Hence, this writ petition.

2. No counter affidavit has been filed on behalf of

respondents 1 and 2. A counter affidavit has been filed by the

3rd respondent Panchayat affirming that Ext.P1 has been

issued. But, according to them, while disbursing the final bill,

an amount of Rs.11,000/- has also to be deducted from the

estimated amount by way of taxes, supervisory charges etc.

W.P.(C).1614 of 2006

:: 2 ::

3. I heard learned counsel for the petitioner and

the learned Government Pleader.

4. The work was completed in the year 1999 and

Ext.P1 was issued on 8.12.2005. It is not justified to keep the

final payment pending even in 2009. The panchayat has no

case that the work was not satisfactory.

In the result, the 3rd respondent shall proceed to

disburse to the petitioner the amount due in respect of the

construction of two culverts to increase the infrastructure of

paddy fields in Vathiculam Ayanikattupadam area, pursuant to

the approval granted in Ext.P1. The amount mentioned therein

may be paid, after effecting the necessary statutory

deductions, within two months from the date of receipt of a

copy of this judgment.

Sd/-

(V.GIRI)
Judge
sk/

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