MUSTHAFA Vs. SULTHAN BATHERY BLOCK PANCHAYATH

JUDGEMENT

(1.) THE petitioner's father had executed a work awarded to him by the Sulthan Battery Grama Panchayat. THE petitioner's father passed away on 15.8.2006. In this writ petition the petitioner seeks a direction to the respondents to pay the sum of Rs.4,00,814/-, which according to the petitioner represents the balance amount payable by the Panchayat to his father.

(2.) A reading of the writ petition discloses that the petitioner's father, who had executed the work, is no more and that the money, if any due to the petitioner's father is money due to his estate. The petitioner has no case is that he is the sole legal heir of his father. If that be so the remedy of the petitioner is to institute a suit in the competent civil court having jurisdiction with all the other legal heirs on the party array for recovery of the money allegedly due from the Panchayat. The petitioner cannot, in my opinion, in the absence of the other legal heirs on the party array, effectively prosecute this writ petition for recovery of the money allegedly due to his father. I therefore find no grounds to entertain this writ petition. The writ petition fails and is accordingly dismissed without prejudice to the right of the petitioner and the other legal heirs of the contractor, who had executed the work, to institute an appropriate suit in the civil court having jurisdiction.