IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 23324 of 2008(B)
1. K. USHA KUMARY, W/O. SUDHAKARAN PILLAI,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY THE
... Respondent
2. THE DIRECTOR OF SOCIAL WELFARE,
3. THE ASSISTANT EXEUCUTIVE ENGINEER,
4. THE PERAYAN GRAMA PANCHAYATH
For Petitioner :SRI.B.MOHANLAL
For Respondent :SRI.V.V.RAJA
The Hon'ble MR. Justice S.SIRI JAGAN
Dated :16/06/2009
O R D E R
S.SIRI JAGAN
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W.P.(C).NO.23324 of 2008
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Dated this the 16th day of June, 2009
JUDGMENT
The Petitioner was elected as the Convener of a Beneficiary
Committee for the construction of Anganavadi No.29 in Pampalil in
Ward No.8 of Panayam Grama Panchayath. An agreement was
executed between the petitioner and the respondents for execution of
the said work, and the Petitioner executed the work satisfactorily.
According to the petitioner for the work done by him a bill for Rs.
3,00,000/- was raised, out of which only Rs. 1,30,000/- has been paid,
leaving a balance of Rs. 1,70,000/-, which still remains unpaid. The
petitioner therefore seeks the following reliefs:
” i) To call for the Records from the 2nd respondent
leading to the work relating to construction of
Anganavadi No.29 in Pampalil in Ward No.8 of Panayam
Grama Panchayath.
ii) To issue a writ of mandamus or other appropriate
writ, order or direction commanding the respondents 1
and 2 to pay the Bill submitted by the petitioner in
respect of the work relating to construction of
Anganavadi No.29 in Pampalil in Ward No.8 of Panayam
Grama Panchayath referred in Ext.P1 and P2 and
disburse the payment of Rs. 1,70,000/- with 18% interest
from 08.03.2007 within a stipulated time as directed by
this Hon’ble Court.
iii) To declare that the petitioner is entitled to get the
payment of Rs. 1,70,000/- with interest at the rate of 18%
W.P.C.No.23324 of 2008
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from 08.03.2007, the date of completion of
work referred in Ext.P1 and P2.”
2. A counter affidavit has been filed on behalf of
the 1st respondent, in which it is stated thus:
” Even though some delay has been occurred to
allot the balance amount of Rs. 1,70,000/- due to
paucity of funds during the year 2008-09, through
Supplementary Demand for Grants, Government
have allotted Rs. 6,48,15,000/- for reimbursing the
amount spent for the construction of the
Anganwadi Centres. Government as per G.O (Rt)
NO.428/2008/SWD dated 22.10.2008 (further
modified vide G.O(Rt)No.489/2008/SWD dated
28.11.2008) have accorded sanction for the release
of an amount of Rs. 6,48,15,000/- allotted through
SDG, for distribution to the District Social Welfare
Officers for effecting pending payment in respect of
construction of Anganwadi buildings to all the
concerned including the petitioner. True copy of
the above Government Order is produced herewith
and marked as Ext. R1(a) and R1(b). It is submitted
that no further action is pending with this
respondent and all further steps are to be taken by
the second respondent.”
3. In view of the above statement in the counter
affidavit what remains now is only to direct the 2nd
respondent to take appropriate steps to disburse the
balance amount of Rs. 1,70,000/- to the petitioner.
W.P.C.No.23324 of 2008
3
4. Accordingly the writ petition is disposed of with
a direction of the 2nd respondent to see that the amount of
Rs. 1,70,000/- is paid to the petitioner as expeditiously as
possible, at any rate, within one month from the date of
receipt of a copy of this judgment. The 1st respondent
shall see that the 2nd respondent complies with the above
direction.
S.SIRI JAGAN
JUDGE
vgd