Kerala High Court
Rezvi. M.A vs The State Of Kerala on 29 January, 2026
WP(C) NO. 42513 OF 2023
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2026:KER:7855
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON
THURSDAY, THE 29TH DAY OF JANUARY 2026 / 9TH MAGHA, 1947
WP(C) NO. 42513 OF 2023
PETITIONER:
REZVI. M.A
AGED 54 YEARS
S/OABDUL JABBAR AGED 54 YEARS, RESIDING AT
VELAKKOTTU HOUSE NIRMALA COLLEGE MARADI
MUVATTUPUZHA, ERNAKULAM DISTRICT, PIN - 686673
BY ADV SMT.O.H.NAZEEBA
RESPONDENTS:
1 THE STATE OF KERALA
KERALA REPRESENTED BY THE PRINCIPAL SECRETARY ,
PROJECT EXECUTING AND MONITORING DEPARTMENT,
SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
2 THE DISTRICT COLLECTOR
OFFICE OF THE COLLECTORATE, KAKKANAAD,ERNAKULAM, PIN
- 682030
3 THE DISTRICT PLANNING OFFICER
COLLECTORATE, KAKKANAAD,ERNAKULAM, PIN - 682030
4 THE FINANCE OFFICER
OFFICE OF THE COLLECTORATE, KAAKKANAD, PIN - 682030
5 THE MUVATTUPUZHA MUNICIPALITY
MUNICIPAL OFFICE, MUVATTUPUZHA REPRESENTED BY ITS
WP(C) NO. 42513 OF 2023
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2026:KER:7855
SECRETARY, PIN - 686673
6 THE ASSISTANT EXECUTIVE ENGINEER
THE MUVATTUPUZHA MUNICIPALITY, MUNICIPAL OFFICE,
MUVATTUPUZHA, PIN - 686673
BY ADV SHRI.T.R.RAJAN, SC, MUVATTUPUZHA MUNICIPALITY
OTHER PRESENT:
SRI SUNIL NATH, GP
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
29.01.2026, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 42513 OF 2023
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JUDGMENT
The petitioner, who is a licenced contractor, had carried out certain construction work with respect to a bus shelter in the Muvattupuzha Municipality under the MPLADS 2018-2019 Scheme pursuant to Ext.P1 sanction order. It is the case of the petitioner that out of the final bill submitted by him, only Rs.30,43,168/- has been paid and therefore, appropriate directions are sought for from the competent among the respondents to satisfy the balance. There is also a prayer for a direction to the respondents to refund the GST paid by the petitioner with respect to the work carried out as above.
2. Heard Smt.Nazeeba O.H, the learned counsel for the petitioner, as well as Sri.T.R.Rajan, the learned Standing Counsel for the 5th respondent Municipality and Sri.Sunilnath, the learned Government Pleader for the State.
3. The learned Government Pleader states that the MP fund has been closed as of now with respect to the Scheme for the year 2018-19 and in such circumstances, no directions can be issued for disbursing the payment on the basis of the afore Scheme.
4. The learned Standing Counsel for the Municipality would WP(C) NO. 42513 OF 2023 4 2026:KER:7855 also add that the Municipality is only an implementing agency and the question of making payments by the Municipality does not arise at all.
In view of the afore submission, which is not disputed by the learned counsel for the petitioner, I am of the opinion that it is for the petitioner to approach the Government pointing out its predicament. Therefore, this writ petition would stand disposed of directing the petitioner to file an appropriate representation before the 1st respondent within a period of six weeks from today pointing out his grievance as highlighted in this writ petition. Such a representation being filed, the 1st respondent to consider the same and pass appropriate orders, as expeditiously as possible, at any rate, within a period of eight weeks thereafter. Needless to say that the petitioner as well as the State, the Municipality and other related persons also to be granted an opportunity of being heard in the matter.
Sd/-
HARISANKAR V. MENON JUDGE bng WP(C) NO. 42513 OF 2023 5 2026:KER:7855 APPENDIX OF WP(C) NO. 42513 OF 2023 PETITIONER EXHIBITS EXHIBIT.P1 TRUE COPY OF THE AGREEMENT WAS EXECUTED BETWEEN THE PETITIONER AND THE 6TH RESPONDENT ON 5/1/2019 EXHIBIT P2 A TRUE COPY OF THE ORDER DATED 17/10/2018 ISSUED BY THE DISTRICT COLLECTOR ERNAKULAM EXHIBIT P3 A TRUE COPY OF THE ORDER NO. LSGD/TS/2018- 2019/109711 DATED 9/11/2018 ISSUED BY THE EXECUTIVE ENGINEER ALUVA MUNICIPALITY EXHIBIT P4 A TRUE COPY OF THE REPORT DATED 23/1/20 TO THE 2ND RESPONDENT EXHIBIT P5 A TRUE COPY OF THE COMMUNICATION NO.PW3- 12155/18 DATED 21/06/2021 OF THE 5TH RESPONDENT TO THE 2ND RESPONDENT EXHIBIT P6 TRUE COPY OF THE ESTIMATE REPORT NO.
NO.PW3-12155/18 OF THE RESTRUCTURE COMMITTEE DATED 4.8.2021 EXHIBIT P7 A TRUE COPY OF THE COMMUNICATION NO. RA3- 70514/19/DPO/EKM DATED 28/12/2021 OF THE 2ND RESPONDENT TO THE 1ST RESPONDENT EXHIBIT.P8 A TRUE COPY OF THE COMMUNICATION NO. RA3- 70514/19/DPO/EKM DATED 21/2/2022 OF THE 2ND RESPONDENT TO THE 1ST RESPONDENT RESPONDENT EXHIBITS EXIHIBIT R4(A) TRUE COPY OF THE TS NO 98372/2018-19 DATED 9-11-2018 ISSUED BY THE EXECUTIVE ENGINEER ALUVA MUNCIPALITY EXIHIBIT R4(C) TRUE COPY OF THE LETTER NO PEM-1-68-2022- PIEMD DATED 28-9-2022 EXIHIBIT R4(D) TRUE COPY OF THE COMMUNICATION NO D7- 433571-2022 DATED 18-10-2022 EXIHIBIT R4(E) TRUE COPY OF THE LETTER NO D7-433571/2022 DATED 19-12-2022 OF THE EXECUTIVE ENGINEER PWD BUILDINGS DIVISION ERNAKULAM EXIHIBIT R4(F) TRUE COPY OF THE U.O NOTE RA3- 55963/18/DPO/EKM/MPLADS/JG/005 DATED 23- WP(C) NO. 42513 OF 2023 6 2026:KER:7855 12-2022 EXIHIBIT R4(G) TRUE COPY OF THE ORDER NO DCEKM/11281/2022/F4 DATED 9-1-2023 EXIHIBIT R4(H) TRUE COPY OF THE ORDER NO RA3- 55963/18/DPO/EKM/MPLADS/JG-005 DATED 24-8- 2023 EXIHIBIT R4(B) TRUE COPY OF THE PROCEEDINGS NO RA3-55963- 18-DPO-EKM-MPLADS/JG DATED 12-12-2020 EXIHIBIT R4(I) A TRUE COPY OF LETTER NO RA3-70514-19-DPO-
EKM DATED ../10/2022 EXIHIBIT R4(J) TRUE COPY OF THE LETTER NO PW3-12155- 2018(1)DATED 5/11/2022