AKSHAY PRAKASH Vs. PUTHUR GRAMA PANCHAYATH

JUDGEMENT

(1.) Petitioner has entered into an agreement with the 1st respondent, ie, Puthur Grama Panchayat, to supply drinking water in tanker lorries. While so, 1st respondent as per notice dated 5.6.2017, directed the petitioner to stop supply of water, consequent to availability of water during rainy season. According to the petitioner, on account of the water supplied by the petitioner, an amount of Rs.35,48,240/- was due to the petitioner, out of which, an amount of Rs.10 lakhs was paid and an amount of Rs.25,48,240/- is remaining due. The relief sought for by the petitioner is direction to release the balance amount to the petitioner specified above.

(2.) The 1st respondent Panchayat has filed a detailed counter affidavit, virtually admitting the contract entered into by and between the parties and the amounts remaining due to the petitioner. However, along with the said counter affidavit, Ext.R2(a) communication dated 18.7.2018, issued by the Secretary of the Panchayat to the Principal Secretary of the State Government, seeking sanction for release of the aforesaid amount is produced. Case of the petitioner is that in spite of all earnest efforts made by the petitioner, neither the Panchayat nor the State Government is taking appropriate action for the release of the money to the petitioner.

(3.) I have heard learned counsel for the petitioner, learned Government Pleader as well as the Standing Counsel appearing for the Panchayat and perused the pleadings and the documents on record.