IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 5160 of 2005(L)
1. SRI.PAPPACHAN @ CHACKO,
... Petitioner
Vs
1. THE PAINGOTTOOR GRAMA PANCHAYATH,
... Respondent
2. THE ASST. ENGINEER,
3. THE DEPUTY DIRECTOR OF PANCHAYATH,
4. STATE OF KERALA, REP. BY THE
For Petitioner :SRI.ALEXANDER THOMAS
For Respondent :SRI.MURALI PURUSHOTHAMAN
The Hon'ble MR. Justice KURIAN JOSEPH
Dated :18/07/2008
O R D E R
KURIAN JOSEPH, J.
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W.P.(C) No.5160 of 2005
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Dated 18th July, 2008.
J U D G M E N T
The writ petition is filed mainly with the following
prayer :-
“To issue a writ of mandamus or any other
appropriate writ, order or direction, directing 1st and 2nd
respondents to revise the estimate of the work as per Rule 14(5)
of the K.P.R.(Execution of Public Works) Rules, providing the
expenses of blasting hard rock and the additional expenses
incurred for the completion of the work, as per the PWD rate and
to issue the final bill as expeditiously as possible.”
Petitioner has filed I.A.9332/2008 with the following prayer :-
“For the reasons stated in the accompanying affidavit,
it is most humbly prayed that the Hon’ble Lok Adalat may be
pleased to issue directions directing the 1st respondent
Panchayat to pay forthwith to the petitioner an amount of
Rs.30,714/- along with interest thereon @ 10% p.a. from
1.4.2004 upto date of actual payment and to further direct the
respondent Panchayat to revise Ext.P2 in accordance with Rules
14(5) and 18 of the Kerala Panchayat Raj (Execution of Public
Works) Rules, in respect of the amounts claimed over and
above Rs.65,000/- and to sanction and finalise the final bill in
that regard and pay the difference amount to the petitioner at
the earliest, along with interest thereon @ 10% p.a. from
1.4.2004 upto date of actual payment.”
It appears the matter requires fresh consideration by the third
respondent. The parties agree that the matter can be referred to
the third respondent for a fresh decision. Hence the writ petition
is disposed of as follows:-
In the event of the petitioner approaching the third
respondent by way of a detailed representation producing all the
documents, the said authority shall consider the matter with
WP(C) NO.5160/2005 2
notice to the petitioner and take a fresh decision in accordance
with law, within another three months. It is made clear that since
the authority is taking a fresh decision, the same shall be
rendered untrammelled by any of the observations contained in
Ext.P11.
KURIAN JOSEPH, JUDGE.
tgs
KURIAN JOSEPH, J
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W.P.(C) No.5160 of 2005
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J U D G M E N T
Dated 18th July, 2008.