K.C.FRANCIS Vs. KADUKUTTY GRAMA PANCHAYAT

JUDGEMENT

(1.) THE petitioner had undertaken the work of construction of the Out Patient Block of the Primary Health Centre at Kakkad under the first respondent Panchayat. The work was executed utilising the funds available to Members of the Legislative Assembly popularly called 'the MLA fund'. Though the work was completed satisfactorily and Ext.P2 bill was submitted for payment on 31.3.2010, according to the petitioner, the payment has not been made till date. My attention is also drawn to a resolution dated 20.9.2011 by which the first respondent Panchayat has resolved to make part payment of the bill amount and to request the second respondent to sanction payment of the bill. The counsel for the petitioner also places reliance on Ext.P7 communication issued by the Kadukutty Service Co- operative Bank Ltd., No.628, informing the petitioner in answer to a query under the Right to Information Act that, necessary amounts for payment of the bill was already remaining credited to the account of the first respondent. Therefore, according to the counsel, there is no impediment in disbursing the payment due to the petitioner.

(2.) ADV .Sheejo Chacko who appears for the first respondent Panchayat submits, on instructions, that the payment was delayed only because of the fact that there were some defects that had to be rectified pursuant to Notice No.F.N.11-53873/08 issued by the second respondent pointing out that the authority who had written the measurement book should issue orders passing the bill. It was also directed that a supplementary agreement should be executed by the petitioner before the payment is effected. Clauses 2 and 3 of the said notice make it clear that there are no other objections against the payment. A copy of the said notice has been handed over to me in Court by the counsel for the first respondent.

(3.) I have heard Sri.Benny Gervacis who appears for the petitioner, Sri.Sheejo Chacko who appears for the first respondent Panchayat as well as the learned Govt.Pleader.