IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 31969 of 2007(E)
1. T. NAZARUDEEN,
... Petitioner
Vs
1. STATE OF KERALA,
... Respondent
2. THE DISTRICT COLLECTOR, ALAPPUZHA.
3. THE EXECUTIVE ENGINEER,
For Petitioner :SRI.SANTHOSH MATHEW
For Respondent : No Appearance
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :25/01/2008
O R D E R
ANTONY DOMINIC, J.
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W.P.(C) 31969 of 2007
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Dated: January 25, 2008
JUDGMENT
The prayer sought for in this writ petition is to direct the
respondents to disburse an amount of Rs.2,74,545/- pending
payment to the petitioner as per Ext.P2. The petitioner is also
claiming interest on the said amount. He submits that, on the
instructions of respondents 2 and 3, he had executed the work of
rectification and improvements of panchayat roads under the
Arattupuzha grama panchayat, which were destroyed following the
Tsunami that occurred in December 2005.
2. As is evident from Ext.P2, even according to the 3rd
respondent, an amount of Rs.2,74,545/- is pending payment.
Ext.P2 is dated 4.7.2007. The respondents have no dispute about
the work that has been done by the petitioner, nor do they have any
dispute about the amount that is to be paid. The only submission
that is now made by the learned Government Pleader is that
because of the shortage of the alloted funds, they could not make
WP(C) 31969/2007
Page numbers
payment that is due to the petitioner.
3. After making the petitioner execute the work and as there
is no dispute even about the amount that is payable to the
petitioner, it is too uncharitable for the respondents now to
contend that shortage of funds is the reason for the non-payment.
At this stage I do not think that there is any justification for holding
up the admitted payment of the admitted amount that is due to the
petitioner.
In view of this I dispose of this writ petition directing that
respondents 2 and 3 shall ensure that the amount admitted in
Ext.P2 is paid to the petitioner as expeditiously as possible, at any
rate, within two months from the date of production of a copy of
this judgment.
ANTONY DOMINIC, JUDGE
mt/-