Kerala High Court
M.C.Chandran vs The District Collector on 18 March, 2022
Author: N.Nagaresh
Bench: N.Nagaresh
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
FRIDAY, THE 18TH DAY OF MARCH 2022 / 27TH PHALGUNA, 1943
WP(C) NO. 23328 OF 2021
PETITIONER:
M.C.CHANDRAN,
AGED 54 YEARS,
S/O. KANARAN,
THIYYAROTHTHAZHE HOUSE,
KARAYAD P.O.,
KOZHIKODE.
BY ADVS.
GEORGE SEBASTIAN
ARUN LUCKOSE ABRAHAM
RESPONDENTS:
1 THE DISTRICT COLLECTOR,
CIVIL STATION, ERANHIPPALAM,
KOZHIKODE, KERALA-673 020.
2 THE PANANGADU GRAMA PANCHAYATH,
REPRESENTED BY ITS SECRETARY,
PANANGADU GRAMA PANCHAYAT,
RAPEEDIKA KANNADIPOYIL,
KOOTALIDA NEDUVANOOR ROAD,
PANANGAD, KOZHIKODE,
KERALA 673 612.
3 THE ASSISTANT ENGINEER,
OFFICE OF THE ASSISTANT ENGINEER,
LSGD SECTION,
PANANGAD GRAMA PANCHAYATH,
PANANGAD (PO),
BALUSSERI, 673 612.
ADDL.4 THE UNION OF INDIA,
REPRESENTED BY THE SECRETARY TO THE GOVERNMENT,
MINISTRY OF STATISTICS AND PROGRAMME IMPLEMENTATION,
SARDAR PATEL BHAWAN,
PARLIAMENT STREET,
NEW DELHI- 110001
(ADDL. R4 IMPLEADED AS PER ORDER DATED 25.02.2022 IN
I.A.1/2022 IN WP(C) 23328/2021)
WP(C)Nos.23328 & 23334/2021
2
BY ADVS.
SRI.VINOD SINGH CHERIYAN
SRI.T.M.KHALID
SRI.K.P.SUSMITHA
SMT.PARVATHY KOTTOL, GOVERNMENT PLEADER
SRI.V.GIRISH KUMAR, CGC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
18.03.2022, ALONG WITH WP(C).23334/2021, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
WP(C)Nos.23328 & 23334/2021
3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
FRIDAY, THE 18TH DAY OF MARCH 2022 / 27TH PHALGUNA, 1943
WP(C) NO. 23334 OF 2021
PETITIONER:
M.C. CHANDRAN,
AGED 54 YEARS,
S/O. KANARAN,
THIYYAROTHTHAZHE HOUSE,
KARAYAD P.O., KOZHIKODE.
BY ADVS.
SRI.GEORGE SEBASTIAN
SRI.PHILIA KOSHY
RESPONDENTS:
1 THE DISTRICT COLLECTOR,
CIVIL STATION, ERANHIPPALAM,
KOZHIKODE, KERALA 673 020.
2 THE EXECUTIVE ENGINEER,
KUTTIYADI IRRIGATION PROJECT DIVISION,
PERAMBRA, PIN-673 525.
3 THE ASSISTANT ENGINEER,
KUTTIYADI IRRIGATION PROJECT DIVISION,
KAKKODI, PIN-673 611.
ADDL.4 THE UNION OF INDIA,
REPRESENTED BY THE SECRETARY TO THE GOVERNMENT,
MINISTRY OF STATISTICS AND PROGRAMME IMPLEMENTATION,
SARDAR PATEL BHAWAN,
PARLIAMENT STREET, NEW DELHI- 110001
(IS IMPLEADED AS ADDL. R4 AS PER ORDER DATED
25.02.2022 IN I.A.1/2022 IN WP(C) 23334/2021).
WP(C)Nos.23328 & 23334/2021
4
SMT.PARVATHY KOTTOL, GOVERNMENT PLEADER
SRI.V.GIRISH KUMAR, CGC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
18.03.2022, ALONG WITH WP(C).23328/2021, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
WP(C)Nos.23328 & 23334/2021
5
JUDGMENT
Dated this the 18th day of March, 2022 [WP(C) Nos.23328 and 23334 of 2021] These writ petitions were filed by a C-class Government Contractor who undertook works under 'MPLAD' Scheme. The writ petitions were filed when the bills in respect of the contract works completed were not honoured.
2. The learned Government Pleader submitted that the bills could not be honoured as the Government of India suspended payment of money under the MPLAD Scheme due to Covid-19 pandemic.
3. When these writ petitions came up for hearing today, the learned Central Government Counsel submitted WP(C)Nos.23328 & 23334/2021 6 that the Under Secretary to Ministry of Statistics and Programme Implementation has sanctioned for release to the District Collector, Kozhikode funds towards grant-in-aid for implementation of 'MPLAD' Scheme.
4. As funds have been now sanctioned by the Government of India, the respondents will be able to take necessary steps for releasing of payment of dues to the petitioner herein. The learned Government Pleader submitted that the District Planning Officer/District Collector will be able to release the amount payable to the petitioner within a period of three weeks.
In view of the above, the writ petitions are disposed of directing the District Planning Officer/District Collector to release the amounts found due to the petitioner and ensure that the petitioner is paid his dues within a period of three weeks. It is made clear that if the petitioner still has any grievance, he will be at liberty to WP(C)Nos.23328 & 23334/2021 7 approach this Court again. The claim of the petitioner for interest on the delayed payment is left open.
Sd/-
N. NAGARESH JUDGE SR WP(C)Nos.23328 & 23334/2021 8 APPENDIX OF WP(C) 23328/2021 PETITIONER'S EXHIBITS:
Exhibit P1 A TRUE COPY OF PROCEEDINGS OF THE ASSISTANT EXECUTIVE ENGINEER, LSGD SUB DIVISION, BALUSSERY KOZHIKODE DISTRICT DATED 11.3.2019. Exhibit P2 A TRUE COPY OF AGREEMENT DATED 29.2.2020 BETWEEN THE PETITIONER AND THE 2ND RESPONDENT.
Exhibit P3 A TRUE COPY OF RELEVANT EXTRACT OF THE FINAL BILL.
RESPONDENTS' EXHIBITS:
EXHIBIT NO.R2(a) COPY OF THE LETTER NO.A3-8223/18 DATED 29.09.2020 TO THE DISTRICT COLLECTOR, KOZHIKODE.
EXHIBIT R3(a) A TRUE COPY OF CIRCULAR F.No.C-
08/2017-MPLADS DATED 28.08.2017. EXHIBIT R3(b) A TRUE COPY OF THE LETTER NO.2104/2019- 20/MPLADS(G)/R01/DPO/KKD DATED 13.01.2020.
EXHIBIT R3(c) A TRUE COPY OF CIRCULAR NO.E-4/2020- MPS(Pt II) DATED 08.04.2020.
EXHIBIT R3(d) A TRUE COPY OF CIRCULAR No.E-4/2020- MPLADS (Pt II) DATED 12.05.2020. EXHIBIT R3(e) A TRUE COPY OF CIRCULAR No.E-4/2020- MPLADS(Pt II) DATED 17.03.2021. EXHIBIT R3(f) A TRUE COPY OF E-MAIL MESSAGE FROM MPLAD DIVISION DATED 01.02.2022. WP(C)Nos.23328 & 23334/2021 9 APPENDIX OF WP(C) 23334/2021 PETITIONER'S EXHIBITS:
Exhibit P1 A TRUE COPY OF THE PROCEEDINGS DATED 10.07.2019 OF THE 2ND RESPONDENT. Exhibit P2 A TRUE COPY OF AGREEMENT DATED 10.7.2019.
Exhibit P3 A TRUE COPY OF CHECK LIST FILED ALONG WITH THE FINAL BILL.
SR