High Court Kerala High Court

Sindhu K.G vs Kumaranallur Grama Panchayat on 6 December, 2006

Kerala High Court
Sindhu K.G vs Kumaranallur Grama Panchayat on 6 December, 2006
       

  

  

 
 
  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.

                         ----------------------------------

                      W.P.(C)NO. 26149  of    2006

                         ----------------------------------

             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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