IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 26149 of 2006(K)
1. SINDHU K.G.,
... Petitioner
Vs
1. KUMARANALLUR GRAMA PANCHAYAT,
... Respondent
2. THE DISTRICT COLLECTOR, KOTTAYAM.
3. THE REVENUE DIVISIONAL OFFICER,
For Petitioner :SRI.K.JAJU BABU
For Respondent :SRI.MATHEW PHILIP EDAPPALLIL
The Hon'ble MR. Justice PIUS C.KURIAKOSE
Dated :06/12/2006
O R D E R
PIUS C.KURIAKOSE, J.
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W.P.(C)NO. 26149 of 2006
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Dated this 6th day of December, 2006
JUDGMENT
This writ petition has been filed by the petitioner, who was
contractor to the first respondent Panchayat for supply of
drinking water to the inhabitants of the Panchayat, complaining
that a sum of Rs.1,43,680/- is due to the petitioner by way of
balance towards the execution of contract already made.
2. The first respondent Panchayat has filed a counter
affidavit, which will show that correctness of the amounts
claimed by the petitioner is not in dispute. The Panchayat
seems to be relying on the last clause in Ext.R1(a), which is to
the effect that payment will be made on the basis of the
availability of funds. The submission of the learned counsel for
the Panchayat is that it is for the Collector to make available
necessary funds. According to him, Ext.R1(d) Resolution was
passed by the Panchayat and forwarded to the Collector
requesting for release of funds. Ext.R1(d) was followed by
Ext.R1(g). In Exts.R1(d) and R1(g) it is conceded that sum of
WPC No.26149/2006 2
Rs.1,43,680/- is payable to the petitioner.
3.The learned Government Pleader submits that he was
supplied with a copy of the counter affidavit filed by the
Panchayat only today. He seeks time to get instructions from
the 2nd respondent. Since the liability of the first respondent
Panchayat to the petitioner is conceded by the Panchayat itself, I
am of the view that the petitioner can be given relief straightway
by directing the Panchayat to make payments. The District
Collector ( 2nd respondent) of course will take an early decision
on Exts.R1(d) and R1(g). Under these circumstances, this writ
petition will stand disposed of with the following directions:
The first respondent Panchayat is directed to pay a sum of
Rs.1,43,680/- claimed by the petitioner to the petitioner within
two months of receiving a copy of this judgment. The District
Collector will take a decision on Exts.R1 (d) and R1 (g) within
one month of receiving a copy of this judgment.
PIUS C.KURIAKOSE
Judge
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