Kerala High Court
Ashokan.K vs State Of Kerala on 16 October, 2020
Author: N.Nagaresh
Bench: N.Nagaresh
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
FRIDAY, THE 16TH DAY OF OCTOBER 2020 / 24TH ASWINA, 1942
WP(C).No.2620 OF 2020(B)
PETITIONER:
ASHOKAN.K,
AGED 55 YEARS,
S/O.GOPALAN VYDYAR,
KARIPPOTTIL HOUSE,
VADANAMKURISSI,
PALAKKAD DISTRICT, PIN-679 121.
BY ADVS.
SRI.MANSOOR.B.H.
SMT.C.SEENA
SMT.JANET JOB
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY ITS CHIEF SECRETARY,
GOVERNMENT SECRETARIATE,
THIRUVANANTHAPURAM-695 001.
2 STATE EXECUTIVE COMMITTEE,
CONSTITUTED UNDER DISASTER MANAGEMENT ACT, 2005,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695 001.
3 ADDITIONAL CHIEF SECRETARY,
DISASTER MANAGEMENT (A) DEPARTMENT,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695 001.
4 DISTRICT COLLECTOR,
CIVIL STATION, PALAKKAD-678 001.
5 THAHSILDAR,
TALUK OFFICE,
MANNARKKAD, PALAKKAD-678 582.
R1-5 GOVERNMENT PLEADER - SMT. RASHMI K.M.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
16.10.2020, ALONG WITH WP(C).2639/2020(D), THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
WP(C)Nos.2620 and 2639 of 2020
2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
FRIDAY, THE 16TH DAY OF OCTOBER 2020 / 24TH ASWINA, 1942
WP(C).No.2639 OF 2020(D)
PETITIONERS:
ULLAS KUMAR C.G,
AGED 49 YEARS,
CHAKKINGAL THODI,
VADANAMKURISSI,
PALAKKAD DISTRICT, PIN-679 121.
BY ADVS.
SRI.MANSOOR.B.H.
SMT.C.SEENA
SMT.JANET JOB
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY ITS CHIEF SECRETARY,
GOVT SECRETARIATE, THIRUVANANTHAPURAM-695001.
2 STATE EXECUTIVE COMMITTEE,
CONSTITUTED UNDER DISASTER MANAGEMENT ACT, 2005,
GOVT.SECRETARIAT, THIRUVANANTHAPURAM-695001.
3 ADDITIONAL CHIEF SECRETARY,
DISASTER MANAGEMENT (A) DEPARTMENT,
GOVT. SECRETARIAT, THIRUVANANTHAPURAM-695001.
4 DISTRICT COLLECTOR,
CIVIL STATION, PALAKKAD-678001.
5 THAHSILDAR,
TALUK OFFICE, MANNARKKAD, PALAKKAD-678582.
R1-5 GOVERNMENT PLEADER - SMT. RASHMI K.M
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
16.10.2020, ALONG WITH WP(C).2620/2020(B), THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
WP(C)Nos.2620 and 2639 of 2020
3
JUDGMENT
~~~~~~~~~ Dated this the 16th day of October, 2020 [WP(C) Nos.2620/2020 & WP(C).2639/2020] The petitioners in these writ petitions seek to direct the respondents to disburse the balance bill amounts payable to them for distributing drinking water in certain areas in Palakkad District.
2. The petitioners state that they responded to tender notices for supply of drinking water to certain drought affected areas in Palakkad District. The tenders submitted by the petitioners were accepted and the petitioners have been supplying drinking water within the areas allocated to them. As per the tender notification, the vehicles used for the supply of drinking water had to be connected with GPS by an Agency appointed by the District Collector. The petitioners complied with the said condition also while undertaking water supply. WP(C)Nos.2620 and 2639 of 2020 4
3. Certain GPS instruments connected by the said Agency were not functioning satisfactory, perhaps due to faulty equipment. The petitioners collected the data from GPS as far as possible and produced the data before the concerned officers for approval of the bills. Palakkad is a severely drought affected area and there was public cry for supply of drinking water. The concerned Tahsildars directed the petitioners to provide drinking water in those places which faced acute shortage of water. The petitioners complied with such directions.
4. However, when the petitioners submitted their bills, substantial portion of the bills were not settled for the reason that the bills are not supported by GPS data. The petitioners submit that failure of the Agency in installing functional GPS instruments cannot be a reason for withholding amounts due to the petitioners. The petitioners therefore seek writ of Mandamus to settle their bills.
5. The 5th respondent-Tahsildar in W.P.(C) No.2620/2020 filed counter affidavit and contested the writ WP(C)Nos.2620 and 2639 of 2020 5 petition. Relying on the statement filed by the 5 th respondent, the learned Government Pleader pointed out that owing to some technical defects, substantial portion of the data could not be collected on time by the respondents. The Department was not able to calculate the trip distance covered by the vehicles between the filling station and the distributing station. Wherever there were materials evidencing supply of water, the respondents have approved and paid the bills. In respect of those bills which are not settled, the same are under process of BIMS and awaiting clearance from the Finance Department.
6. Learned Government Pleader strongly argued that it is only those bills in respect of which there is no data available for cross checking, have been withheld. The Tahsildar is not in a position to verify the veracity of the bills. A detailed report showing the problem, has been submitted to the District Collector. The remaining bill amounts claimed by the petitioners cannot be verified due to lack of incomplete GPS data.
WP(C)Nos.2620 and 2639 of 2020 6
7. I have heard Advocate B.H. Mansoor, learned counsel for the petitioners and Advocate Reshmi K.M., learned Government Pleader appearing for the respondents.
8. The tender notices in response to which works were awarded to the petitioners would show that the petitioners were bound to install GPS equipment in their vehicle during the transportation of water. It is evident from the pleadings of the case that installation of GPS instruments was entrusted by the respondents to an Agency. It is the failure of the said Agency to install faultless GPS equipments and to obtain and save accurate data, which has resulted in the imbroglio.
9. The petitioners cannot be found fault with for the situation. If there is insufficiency of data, the respondents have to blame themselves. The petitioners have supplied drinking water in a severely drought affected area, meeting the directions issued by the authorities. In the circumstances, the stand taken by the respondents that the amounts due to the petitioners could not be paid due to insufficient data, WP(C)Nos.2620 and 2639 of 2020 7 cannot be accepted.
10. Parties who have entered into contracts with the respondents and have completed their part of the agreement, have to be paid amounts as per agreed terms. Insufficiency of data cannot be a reason to deny the amounts due to the petitioners since the data insufficiency is not attributable to the petitioners.
In the circumstances, the writ petitions are disposed of directing the respondents to process and settle the bills of the petitioners and not to withhold amounts on the basis of the alleged lack of GPS data. The respondents will be at liberty to cross check the trips in any other manner. However, bill amounts can be withheld only if there is cogent evidence that the claim of any of the trips for water supply made by the petitioners, is false. The respondents shall process the bill and make the payment within a period of three months.
Sd/-
N. NAGARESH, JUDGE aks/17.10.2020 WP(C)Nos.2620 and 2639 of 2020 8 APPENDIX OF WP(C) 2620/2020 PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE TENDER NOTICE DATED 14.03.2017 ISSUED BY THE FIFTH RESPONDENT.
EXHIBIT P2 TRUE COPY OF THE COMMUNICATION DATED 05.03.2019 ISSUED BY THE FOURTH RESPONDENT TO THE SECOND RESPONDENT.
EXHIBIT P3 TRUE COPY OF THE EXTRACT OF MEETING DATED 24.09.2019.
EXHIBIT P4 TRUE COPY OF THE REPRESENTATION DATED 04.11.2019.
EXHIBIT P4 A THE STATEMENT REGARDING THE AMOUNT DUE TO THE PETITIONER FOR SUPPLYING DRINKING WATER IN VARIOUS PANCHAYATHS OF MANNARKKAD THALUK DURING 2017-2018. EXHIBIT P5 TRUE COPY OF THE ORDER DATED 23.12.2019 BEARING B3/465/17(B4) ISSUED BY THE FIFTH RESPONDENT.
WP(C)Nos.2620 and 2639 of 2020 9 APPENDIX OF WP(C) 2639/2020 PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE TENDER NOTICE DATED 14.03.2017 ISSUED BY THE FIFTH RESPONDENT.
EXHIBIT P2 TRUE COPY OF THE COMMUNICATION DATED 05.03.2019 ISSUED BY THE FOURTH RESPONDENT TO THE SECOND RESPONDENT.
EXHIBIT P3 TRUE COPY OF THE EXTRACT OF MEETING DATED
24.09.2019.
EXHIBIT P4 TRUE COPY OF THE REPRESENTATION DATED 04.11.2019.
EXHIBIT P4(A) THE STATEMENT REGARDING THE AMOUNT DUE TO THE PETITIONER FOR SUPPLYING DRINKING WATER IN VARIOUS PANCHAYATHS OF MANNARKKAD THALUK DURING 2017-2018.
EXHIBIT P5 TRUE COPY OF THE ORDER DATED 23.12.2019 BEARING B3/465/17(B4) ISSUED BY THE FIFTH RESPONDENT.