P.A.Varkey vs The District Collector on 5 February, 2007

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Kerala High Court

P.A.Varkey vs The District Collector on 5 February, 2007

Bench: Pius C.Kuriakose

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 19772 of 2006(D)


1. P.A.VARKEY, AGED 66 YEARS,
                      ...  Petitioner
2. BABY JOSEPH, AGED 42 YEARS,

                        Vs



1. THE DISTRICT COLLECTOR,
                       ...       Respondent

2. THE BLOCK DEVELOPMENT OFFICER,

3. THE ASSISTANT EXECUTIVE ENGINEER,

4. STATE OF KERALA,

                For Petitioner  :SRI.R.BINDU (SASTHAMANGALAM)

                For Respondent  :GOVERNMENT PLEADER

The Hon'ble MR. Justice PIUS C.KURIAKOSE

 Dated :05/02/2007

 O R D E R
                            PIUS C. KURIAKOSE, J.

                             -------------------------------

                           W.P.(C) No.19772 OF 2006

                           -----------------------------------

                   Dated this the 5th  day of February, 2007


                                    JUDGMENT

This Writ Petition is filed by the petitioners who are conveners of the beneficial committee formed for execution of works under the Natural Calamities Flood Works.

2. A statement has been filed by the 2nd respondent-Block Development Officer wherein it is contended that the delay in payment of the works is not due to the inaction from the 2nd respondent's office but is due to the inaction of the 1st petitioner in submitting the necessary papers to the 2nd respondent after obtaining the same from the 3rd respondent and that if any payment is made to the 1st petitioner, it will amount to payment out of seniority which will tantamount to violating the judgment of this Court in State of Kerala v. Anil (2002 (1) KLT 371).

3. In fact the above contention was considered by me on 31.08.06 and I directed that the amounts covered by Ext.P3 shall be paid to the 1st petitioner within three months of the petitioner producing a copy of the order. I am not impressed by the submissions of Mr.K.J.Mohammed Anzar, Learned Government Pleader that the interim order dt.31.08.06 was passed by me on the basis of some wrong presumptions and the said order was not warranted. Rather I am inclined to accept the WPC No.19772/2006 2 submissions of the learned counsel for the petitioners. The Writ Petition will stand disposed of with the following directions:

The respondents are directed to pay all the amounts covered by Ext.P3 to the 1st petitioner within six weeks of receiving a copy of this judgment. As regards the 2nd petitioner also the amounts in Ext.P4 bill be paid to him. But in his case, the direction will be only that payments under Ext.P4 be made to the 2nd petitioner as and when his turn comes according to the seniority list maintained by the 1st respondent-District Collector.

PIUS C. KURIAKOSE, JUDGE btt WPC No.19772/2006 3

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