Kerala High Court
P.A.Anilkumar vs The Secretary
Author: Shaji P. Chaly
Bench: Shaji P.Chaly
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
TUESDAY, THE 16TH DAY OF JANUARY 2018 / 26TH POUSHA, 1939
WP(C).No. 9800 of 2017
PETITIONER:
P.A.ANILKUMAR, PUTHIYODATH HOUSE,
EROOR WEST P.O, ERNAKULAM, PIN - 682 306.
BY ADV.SRI.ALEXANDER PETER
RESPONDENT(S):
1. THE SECRETARY,
UDAYAMPEROOR GRAMA PANCHAYATH,
UDAYAMPEROOR, PIN 682 307,
ERNAKULAM DISTRICT.
2. THE ASSISTANT EXECUTIVE ENGINEER,
KERALA WATER AUTHORITY,
WATER SUPPLY SUB DIVISION,
TRIPUNITHURA, ERNAKULAM - 682 306.
*ADDL. R3 IMPLEADED
3. THE FINANCE SECRETARY,
GOVERNMENT OF KERALA,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM - 695 001.
ADDL. R3 IS IMPLEADED AS PER ORDER
DATED 25.5.2017 IN IA.6592/2017.
**ADDL. R4 IMPLEADED
4. THE TREASURY OFFICER,
SUB TREASURY, MULANTHURUTHY.
ADDL. R4 IS SUO MOTU IMPLEADED AS PER ORDER
DATED 16.6.2017 IN THE WPC.
#ADDL. R5 & R6 IMPLEADED
5. THE DIRECTOR OF PANCHAYATS,
PANCHAYAT DIRECTORATE,
LMS BUILDING, MUSEUM.P.O.,
THIRUVANANTHAPURAM.
WP(C).No. 9800 of 2017 (Y)
6. JAYAPRAKASH.A.K.,
NOW WORKING AS SECRETARY,
CHEMBU GRAMA PANCHAYAT, VAIKOM.
ADDL. R5 & R6 ARE IMPLEADED SUO MOTU AS PER ORDER
DATED 29.09.2017 IN THE WPC.
R1 BY ADVS. SMT.C.G.BINDU
SMT.C.G.AJITHA
SRI.T.U.THOMAS
R2 BY SRI.P.BENJAMIN PAUL, SC
SRI.GEORGE MATHEW, SC
SMT. C.G.BINDU, SC
ADDL. R3 TO R5 BY GOVERNMENT PLEADER SMT.VINITHA. B
ADDL.R6 BY ADVS. SRI.S.ABHILASH VISHNU
KUM.NAIR ANUJA GOPALAN
SRI.ATHUL SHAJI
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 16-01-2018, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
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WP(C).No. 9800 of 2017 (Y)
APPENDIX
PETITIONERS' EXHIBITS:
EXHIBIT P1 THE PHOTOCOPY OF THE AGREEMENT DATED 19-09-2014
ENTERED BETWEEN THE PETITIONER AND THE 1ST RESPONDENT.
EXHIBIT P2 THE PHOTOCOPY OF THE WATER CONNECTION
PROVISIONAL APPROVAL NOTICE NO 11382/2014 DATED
19-12-2014 ADDRESSED BY THE 2ND RESPONDENT TO
THE 1ST RESPONDENT.
EXHIBIT P3 THE PHOTOCOPY OF THE DETAILS OF THE WATER
CONNECTION TO BE PROVIDED TO THE PARTICULAR
ANGANWADI BUILDING ISSUED BY THE 1ST RESPONDENT
TO THE 2ND RESPONDENT.
EXHIBIT P4 THE PHOTOCOPY OF THE AGREEMENT DATED 19-12-2014
WITH THE 2ND RESPONDENT ENTERED BETWEEN THE
1ST AND 2ND RESPONDENT.
EXHIBIT P5 THE PHOTOCOPY OF THE REPRESENTATION DATED 4-10-2016
SUBMITTED BY THE PETITIONER'S UNCLE TO THE 1ST RESPONDENT.
EXHIBIT P6 THE PHOTOCOPY OF THE LETTER DATED 1-11-2016
ISSUED BY THE 1ST RESPONDENT.
EXHIBIT P7 THE PHOTOCOPY OF THE LEGAL NOTICE DATED 21-2-2017
SENT BY THE PETITIONER TO THE 1ST RESPONDENT.
EXHIBIT P8 PHOTOCOPY OF THE CERTIFICATE DATED 16.7.2015 ISSUED BY THE 1ST
AND 2ND RESPONDENTS.
EXHIBIT P9 PHOTOCOPY OF THE WATER SUPPLY SERVICE CONNECTION PROVIDED TO
ANGANVADI WITH CONSUMER NO.UDR/2761/N.
EXHIBIT P10 PHOTOCOPY OF THE WATER SUPPLY SERVICE CONNECTION PROVIDED TO
ANGANVADI WITH CONSUMER NO.UDR/2762/N.
EXHIBIT P11 PHOTOCOPY OF THE WATER SUPPLY SERVICE CONNECTION PROVIDED TO
ANGANVADI WITH CONSUMER NO.UDR/2763/N.
EXHIBIT P12 PHOTOCOPY OF THE WATER SUPPLY SERVICE CONNECTION PROVIDED TO
ANGANVADI WITH CONSUMER NO.UDR/2764/N.
EXHIBIT P13 PHOTOCOPY OF THE WATER SUPPLY SERVICE CONNECTION PROVIDED TO
ANGANVADI WITH CONSUMER NO.UDR/2765/N.
EXHIBIT P14 PHOTOCOPY OF THE WATER SUPPLY SERVICE CONNECTION PROVIDED TO
ANGANVADI WITH CONSUMER NO.UDR/2767/N.
EXHIBIT P15 PHOTOCOPY OF THE WATER SUPPLY SERVICE CONNECTION PROVIDED TO
ANGANVADI WITH CONSUMER NO.UDR/2768/N.
EXHIBIT P16 PHOTOCOPY OF THE WATER SUPPLY SERVICE CONNECTION PROVIDED TO
ANGANVADI WITH CONSUMER NO.UDR/2769/N.
EXHIBIT P17 PHOTOCOPY OF THE WATER SUPPLY SERVICE CONNECTION PROVIDED TO
ANGANVADI WITH CONSUMER NO.UDR/2770/N.
WP(C).No. 9800 of 2017 (Y)
EXHIBIT P18 PHOTOCOPY OF THE WATER SUPPLY SERVICE CONNECTION PROVIDED TO
ANGANVADI WITH CONSUMER NO.UDR/2771/N.
EXHIBIT P19 PHOTOCOPY OF THE WATER SUPPLY SERVICE CONNECTION PROVIDED TO
ANGANVADI WITH CONSUMER NO.UDR/2775/N.
RESPONDENTS' EXHIBITS & ANNEXURE:
EXHIBIT R1A: NIL
EXHIBIT R1B: TRUE COPY OF THE BILL DATED 10.12.2015 FOR RS.1,46,101/-
(RUPEES ONE LAKH FORTY SIX THOUSAND ONE HUNDRED AND ONE ONLY)
IN FORM NO.TR 59(C) SUBMITTED BY FORMER SECRETARY
SRI.A.K.JAYAPRAKASH.
EXHIBIT R1C: TRUE COPY OF THE PROCEEDINGS DATED 16.7.2015 IN ANNEXURE-C-VII
ISSUED BY FORMER SECRETARY SRI.A.K.JAYAPRAKASH.
EXHIBIT R1C: TRUE COPY OF THE RESOLUTION.(11402/2017)
EXHIBIT R1D: TRUE COPY OF THE LETTER OF ALLOTMENT DATED 10.12.2015.
ANNEXURE R1A: TRUE COPY OF THE PROCEEDINGS DATED 10.12.2015 OF THIS
RESPONDENT.
ANNEXURE R1B: TRUE COPY OF THE CERTIFICATE ISSUED BY THE 2ND RESPONDENT
DATED 16.7.2015.
/TRUE COPY/
P.S.TO JUDGE
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SHAJI P. CHALY, J.
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W.P.(C). No. 9800 OF 2017
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Dated this the 16th day of January, 2018
JUDGMENT
Petitioner is a licensed plumber of the second respondent, Kerala Water Authority, Ernakulam. Petitioner entered into an agreement, dated 19.09.2014 with the first respondent for providing 11 water connections to 11 Anganvadi buildings situated within the limits of Udayamperoor Grama Panchayat for an amount of Rs. 1,47,577/- - less 1% of the amount due to the petitioner, i.e., Rs. 1,46,102/-. According to the petitioner, petitioner completed the work, as per Ext.P1 agreement to the satisfaction of the first respondent. But the first respondent did not make the payment due to the petitioner, in accordance with the terms and conditions contained under Ext.P1 agreement. Thereupon, petitioner filed an application under the Right to Information Act, through one of his relatives before the W.P.(C). No. 9800 of 2017 2 authority constituted under the said Act. The first respondent replied that the bill due to the petitioner has not been passed by the Treasury concerned. Accordingly, petitioner issued a lawyer notice dated 21.02.2017 to the first respondent, which was received on 23.02.2017. Other efforts are also made by the petitioner. However, there was no action from the side of the respondents in order to make the payment to the petitioner.
2. First respondent has filed a statement virtually admitting the transactions that have taken place, as per Ext.P1 agreement. However, contention of the first respondent is that since the amount is to be paid by the Government under a plan fund, the first respondent is unable to make the payment to the contractor. Other contentions are also raised. Likewise, the additional fourth respondent has also filed a statement virtually admitting the transactions, however stating that the Panchayat has not re-submitted the bill, which is causing delay in processing the same. Other contentions are also raised. Later the first respondent has also filed an W.P.(C). No. 9800 of 2017 3 affidavit and produced certain documents along with the same.
3. In my considered opinion, the subject issue relates to the payment of the amount to the contractor. In none of the statements or counter affidavit filed, the work carried out by the contractor is disputed. However, the reasons assigned therein are technical in nature, which is a matter to be resolved by and between the first respondent and the authorities under the State Government. The contractor shall not suffer if any dispute is pending so by and between the respondents among themselves.
4. In that view of the matter, there will be a direction to the first respondent, Panchayat to re-submit the bill, as per Ext.P1 agreement, within three weeks from the date of receipt of a copy of this judgment, which shall be processed by the competent among the State officials, within a further period of six weeks, if required after providing notice of hearing to the petitioner, the Panchayat and any other interested persons. Parties will W.P.(C). No. 9800 of 2017 4 be guided by the orders so passed by the State Government as well as the Panchayat in accordance with the directions. If ultimately the amount is paid by the Government to the Panchayat, the same shall be released to the petitioner immediately. If in any case the Government finds that a dispute still subsists between the Panchayat and State Government that dispute shall not stand in the way of the Government releasing the money under Ext.P1 contract to the contractor.
The writ petition is disposed of, accordingly.
SHAJI P. CHALY JUDGE DCS