High Court of KeralaWP(C)/19074/2015disposed of

V.C.Raju v. State Of Kerala

2015-10-07Honourable Mr.Justice V.Chitambaresh4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH WEDNESDAY, THE 7TH DAY OF OCTOBER 2015/15TH ASWINA, 1937 WP(C).No. 19074 of 2015 (H) ---------------------------- PETITIONER(S):

-------------------------- V.C.RAJU AGED 60 YEARS S/O.LATE N.K.CHACKO, VALEMANNIL THENGUMKAVU P.O PATHANAMTHITTA DISTRICT.

BY ADVS.SRI.V.PHILIP MATHEW SRI.GIBI.C.GEORGE RESPONDENT(S):

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

1. STATE OF KERALA REPRESENTED BY SECRETARY DEPARTMENT OF LOCAL SELF GOVERNMENT KERALA GOVERNMENT SECRETARIAT THIRUVANANTHAPURAM - 695 001.

2. PRAMADOM GRAMA PANCHAYATH PANCHAYATH OFFICE, PRAMADOM PATHANAMTHITTA DISTRICT - 689 691 REPRESENTED BY ITS SECRETARY.

3. THE SECRETARY PRAMADOM GRAMA PANCHAYATH,PANCHAYATH OFFICE, PRAMADOM PATHANAMTHITTA DISTRICT -689 691.

4. THE PRESIDENT PRAMADOM GRAMA PANCHAYATH, PANCHAYATH OFFICE PRAMADOMPATHANAMTHITTA DISTRICT - 689 691.

5. THE ASSISTANT ENGINEER PRAMADOM GRAMA PANCHAYATH,PANCHAYATH OFFICE, PRAMADOM PATHANAMTHITTA DISTRICT - 689 691.

6. THE ASSISTANT EXECUTIVE ENGINEER L.S.G.D. SUB DIVISION RANNY BLOCK PANCHAYATH ELAKOLLOOR PATHANAMTHITTA DISTRICT - 689 703.

R2 TO 5 BY ADV. SRI.JACOB P.ALEX R2 TO 5 ADV.JOSEPH P.ALEX R1 BY ADV.K.A.SANJEETHA, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 0710-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 19074 of 2015 (H) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXT.P-1: COPY OF THE RELEVANT PAGES OF THE PETTY CONTRACT BILL. EXT.P-2: COPY OF DEMAND DRAFT NO.270294 DATED 19.10.2012 FOR AN RS.4,84,347.

RESPONDENT(S)' EXHIBITS --------------------------------------- NIL TRUE COPY SKS P.A. TO JUDGE

V.CHITAMBARESH, J.

--------------------- W.P (C) No.19074 of 2015 --------------------- Dated this the 7th day of October, 2015

J U D G M E N T

The writ petition has been filed seeking immediate disbursement of 1,65,000/- due to the petitioner with interest ₹ thereon. The amount is claimed by the petitioner as due for the construction of a foot-ball ground.

The 2nd respondent has filed a counter affidavit to the writ petition. It is stated therein that a sum of 5,10,000/- has ₹ been paid to the petitioner after deducting tax therefrom. Further amounts can be given to the petitioner on the release of the amount by the Kerala State Sports Council. 3.

The counter affidavit also states that an amount of 1,75,000/- has been set apart for the disbursal of the amount ₹ due to the petitioner. Further sanction has also been obtained from the District Planning Committee as Project No.296 of 2015 for disbursal. In the interest of justice, there will be a direction to the 2nd respondent to pay a sum of 1,65,000/- remaining as ₹ balance to the petitioner.

W.P(C) NO.19074/2015 4.

The liability to pay interest thereon is however left open. The principal amount of 1,65,000/- shall be paid within ₹ one month from today. The second respondent is at liberty to seek for allocation of the amount by the Kerala State Sports Council .

The Writ Petition is disposed of as above.

V.CHITAMBARESH, Judge.

sks