High Court of KeralaWP(C)/7546/2015disposed of

V.U.Kunhammed v. State Of Kerala

2015-04-074 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON TUESDAY, THE 7TH DAY OF APRIL 2015/17TH CHAITHRA, 1937 WP(C).No. 7546 of 2015 (P) ---------------------------------------- PETITIONER(S):

---------------------- V.U.KUNHAMMED, AGED 61 YEARS, S/O.MOIDEEN HAJI, PWD CONTRACTOR, VAZHAYIL UMMINIKKADAVATH HOUSE, POST MATTATHUR, OTHUKKUNGAL (VIA), MALAPPURAM DISTRICT.

BY ADV. SRI.C.M.MOHAMMED IQUABAL RESPONDENT(S):

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

1. STATE OF KERALA, REPRESENTED BY SECRETARY TO THE GOVERNMENT, REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695 001.

2. THE DISTRICT COLLECTOR, MALAPPURAM, COLLECTORATE, POST MALAPPURAM, PIN - 676 505.

3. THE EXECUTIVE ENGINEER, IRRIGATION DIVISION, MALAPPURAM DISTRICT, PIN,- 676 505.

4. THE PARAPPURA GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, POST PARAPPUR, MALAPPURAM DISTRICT, PIN - 676 503.

R1 TO R3 BY SENIOR GOVERNMENT PLEADER SRI.JOSEPH GEORGE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07-04-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: msv/

WP(C).No. 7546 of 2015 (P) -------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1:

A TRUE COPY OF THE GO (MS) NO.429/2009/RD DATED 30.10.2009. P2:

THE TRUE COPY OF THE MEMO WORK ISSUED BY THE THIRD RESPONDENT. P3:

THE TRUE COPY OF THE AGREEMENT EXECUTED BETWEEN PETITIONER AND THIRD RESPONDENT DATED 03.09.2010.

P4:

THE TRUE COPY OF THE PROCEEDINGS OF THIRD RESPONDENT DATED 03.09.2010.

P5:

THE TRUE COPY OF THE COMMON JUDGMENT IN WPC. 957/2013 AND 985/2013 OF THIS HONOURBALE COURT DATED 17.06.2013. RESPONDENT(S)' EXHIBITS:

----------------------------------------- NIL //TRUE COPY// P.S.TO JUDGE Msv/

P.R. RAMACHANDRA MENON, J.

--------------------------------------- W.P.(C) No.7546 of 2015 --------------------------------------- Dated this the 7th day of April, 2015

JUDGMENT

The petitioner has approached this Court with the following prayers:

"i) Issue a writ of mandamus or any other appropriate writ, order or direction directing the respondents to take steps to pay the balance amount of Rs.5,88,067/-as per the final bill submitted by the petitioner. ii) Issue a writ of mandamus or any other appropriate writ, order or direction directing the 4th respondent to pay the balance amount of 50% of the final bill submitted by the petitioner.

And iii) Pass any other appropriate writ, order or direction which this Hon'ble Court may deem fit to issue and the petitioner may pray from time to time."

2. The learned counsel for the petitioner places reliance on Ext.P5 judgment dated 17.06.2013 rendered by this Court in WP (C) Nos.957 and 985 and seeks to extend similar benefit to the petitioner as well.

3. Despite the completion of service of notice, the 4th

W.P.(C) No.7546 of 2015 respondent Panchayath has not chosen to appear before this Court.

4. Heard the learned Government Pleader appearing for the respondents 1 to 3 as well.

5. After hearing both the sides, this Court finds that the petitioner is also entitled to succeed. In the said circumstances, there will be a direction to the respondents to take steps to disburse the balance amount due to the petitioner, in the light of Ext.P5 judgment, at the earliest, at any rate, within 'six weeks' from the date of receipt of a copy of this judgment. Petitioner shall produce a copy of this judgment, along with a copy of the writ petition, before the respondents, for further steps.

The writ petition is disposed of.

Sd/- P.R. RAMACHANDRA MENON, JUDGE sp