SOUTHERN FERTILIZERS AND CHEMICALS Vs. STATE OF KERALA

JUDGEMENT

(1.) THE petitioner is the Proprietor of M/s Southern Fertilizers & Chemicals, a firm engaged in the manufacture and supply of organic fertilizers, bio fertilizers, bio control agents, micro nutrients etc. The petitioner is included in the panel of M/s Kerala Agro Industries Corporation Ltd., as authorised suppliers of organic fertilizers and pesticides. During the year 2012 -13, the District Panchayat, Pathanamthitta, had implemented the Suckers and Manures for banana cultivation for Farmer Groups project under the 12th Five Year Plan. The project is implemented under the supervision of the Agriculture Department. The farm inputs are supplied by M/s Kerala Agro Industries Corporation Ltd., which is a Corporation owned by the Government of India and the Government of Kerala. The Corporation effected purchase of the materials from the manufacturers included in its panel, who, in turn, supply the materials to various Krishi Bhavans. Pursuant to Ext.P1 purchase order, the petitioner had supplied the required quantity as per the contract between the petitioner and the 5th respondent. As per Ext.P1, materials were supplied before 31st March, 2013 and the total value comes to Rs. 2.16 crores. Out of the said amount, Rs. 1.53 crores was paid by the 5th respondent. The balance amount of Rs. 63 lakhs is not paid so far. The petitioner is aggrieved by the non - disbursement of the balance amount due to him for the supply of organic manure and organic pesticides to various Krishi Bhavans in Pathanamthitta District.

(2.) THE 5th respondent filed a counter statement stating as follows:

(3.) BUT , in the counter affidavit filed by the 2nd respondent, it is stated that the Vigilance Cell of the Department of Agriculture had enquired and entrusted the concerned officer to scrutinize and verify all the records with regard to the supply of inputs made through the Krishi Bhavans and to make the payments only after rectifying the defects in the claims and payments can be effected only after obtaining records from the Vigilance Cell. It is also submitted that payment was delayed only for completing the verification and scrutiny of the records such as acknowledgments for the supply of agricultural inputs and the scrutiny is in progress.