JOSEPH FRANCIS Vs. ERUMELY GRAMA PANCHAYATH

JUDGEMENT

(1.) The above writ petitions are materially connected in respect of payment due to the petitioners from the 1st respondent Panchayat, on account of the contract works carried out by them. Therefore, I heard them together and propose to deliver a common judgment.

(2.) Petitioner in W.P.(C) No.27529 of 2014 was awarded with a contract by the 1 st respondent Panchayat and has executed Ext.P2 agreement for the construction of Anganwadi No.71 at Pazhayidam in Ward No.I of Erumely Grama Panchayat, in accordance with Ext.P1 estimate. The site was handed over to the petitioner on 18.12.2013 and the work was completed by him on 10.03.2014, and Ext.P3 running bill has been prepared for an amount of Rs.7,98,388/-. The said work was awarded under the Five Year Plan Programme and the necessary fund essentially required for completing the said work has been deposited by the 4th respondent i.e., Union of India through the 5th respondent, and according to the petitioner, immediately on completion of the work, the entire admitted bill amount should have been disbursed to the petitioner. However, in spite of the earnest efforts made by the petitioner, the amounts are not disbursed and consequent to which, petitioner is put to various difficulties, including the delay in repayment of loan availed by him from a Co-operative Bank. That apart, it is submitted that, Exts.P6 to P9 judgments/orders were issued by this Court/apex court under similar circumstances.

(3.) W.P.(C) No.28267 of 2014 is also filed by the contractor who was awarded with a work, by the 1st respondent Panchayat, viz., construction of Old Age Homes for Gents and Ladies. After completion of the work, Exts.P3 and P5 running bills are submitted before the 1st respondent Panchayat. The said work was also under the 12th Five Year Plan, and the 4th respondent has deposited the required amount through the 5th respondent also. Even though petitioner made his best efforts, the amounts were not released, which compelled the petitioner to approach this Court by filing this writ petition.