High Court Kerala High Court

M.C.Babu Raj vs The Assistant Executive Engineer on 23 October, 2007

Kerala High Court
M.C.Babu Raj vs The Assistant Executive Engineer on 23 October, 2007
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 7859 of 2007(I)


1. M.C.BABU RAJ,S/O.CHELLAPPAN PILLAI,
                      ...  Petitioner

                        Vs



1. THE ASSISTANT EXECUTIVE ENGINEER,
                       ...       Respondent

2. THE NEDUVATHOOR GRAMA PANCHAYATH,

3. THE NEDUVATHOOR GRAMA PANCHAYATH

                For Petitioner  :SRI.B.MOHANLAL

                For Respondent  :SRI.K.V.ANIL KUMAR

The Hon'ble MR. Justice PIUS C.KURIAKOSE

 Dated :23/10/2007

 O R D E R
                       PIUS C. KURIAKOSE, J.
                   ----------------------------------
                     W.P.(C) NO. 7859 of 2007
                   ----------------------------------
            Dated this the 23rd day of October, 2007

                              JUDGMENT

The grievance of the petitioner, an educated unemployed youth

who was given contract for the execution of three constructions works

viz. Pulloor – Pullamala Road, Puthenpuravathukkal – Elippara Road

and Mini Stadium within the area of the 2nd respondent Panchayat, is

that despite the satisfactory completion of the work way back on

28.2.1997 and the issuance of Ext.P4 to P4 (b) completion certificate

by the Panchayat and the approval of the works by the first respondent

Technical Authoritiy, he is not getting payment.

2. It is conceded in the counter affidavit that an agreement was

executed by the petitioner with the Panchayat on 26.4.2003 for

carrying out the three works. It is contended that on the terms of that

agreement the petitioner was expected to complete the work in the

year 2003 – 04 itself. It is also contended that on a scrutiny of the

Panchayat records, no records are seen indicating that the Panchayat

had taken a decision for extending the work. It is also contended that

no records are seen which would show that the Panchayat wanted

WPC No. 7859/2007 2

the estimate be revised. It is however conceded that as requested by

the petitioner the Panchayat requested the Assistant Executive

Engineer ( first respondent) on 4.11.1999 for modifying the estimate if

necessary. The case projected by the petitioner on the basis of

Ext.P4, P4(a) and P4 (b) completion certificates Ext.P5, P5(a) and P5

(b) final bills recommended by the Technical Authority that in spite of

satisfactory completion of the work the Panchayat has not disbursed

payments is not seen specifically denied.

3. The dispute raised seems to be only regarding the delayed

execution of the work. Even if it is assumed that there was delay on

the part of the petitioner in executing the work, in as much as the

completion of the work is not seriously disputed and it is not

contended that the work executed was below the standards, I do not

find any justification for denying payment to the petitioner since the

citizens of the Panchayat have been benefited by the work actually

executed. A total amount of Rs.77,091/- has been recommended for

payment by the Technical Authority after making the statutory

deductions way back in 2002. Non payment of atleast that principal

amount certainly amounts to negation of the petitioner’s fundamental

rights. The petition writ will stand allowed to the following extent.

4. Respondents 2 and 3 are directed to release a sum of

WPC No. 7859/2007 3

Rs.77,091/- to the petitioner within two months of receiving copy of

this judgment. If payment is not made within the stipulated time

amount will carry interest at the rate of 12% p.a. from this date.

PIUS C. KURIAKOSE,
JUDGE.

Dpk