LAWS(KER)-2018-6-203

POYYA GRAMA PANCHAYATH Vs. NIYAS A I

Decided On June 07, 2018
Poyya Grama Panchayath Appellant
V/S
Niyas A I Respondents

JUDGEMENT

(1.) Heard the learned counsel for the appellant and also the learned counsel appearing for the respondents.

(2.) The matter pertains to supply of drinking water during April-May 2013. In pursuance to the order issued by the Poyya Grama Panchayat, potable water was supplied by the first respondent/writ petitioner, but Rs.4, 35, 360/- remained unpaid. Aggrieved by the delay in receipt of the contractual dues, W.P. (C)187/15 was filed by the aggrieved supplier.

(3.) The contention raised by the Panchayat before the writ court is that if any payment beyond Rs.5, 00, 000/- is to be disbursed, the same has to be done from the State's Disaster Management Fund and here since the total bill of the first respondent/writ petitioner stood at Rs.6, 35, 360/-, the Panchayat is not liable to disburse the supply dues.