DINSHAD M K Vs. AREACODE GRAMA PANCHAYATH

JUDGEMENT

(1.) The writ petitioner seeks to quash Exts.P17 and P20 orders and also to direct respondents 1 to 3 to release the balance amount of Rs. 1 lakh due to the petitioner with 12% interest from the due date till date of payment expeditiously.

(2.) The petitioner contends that he is a licenced B-category Contractor under the Public Works Department. The 1 st respondent-Grama Panchayat invited tenders for re-tarring Chemrakatur Kavannur road during the financial year 2013-2014. The work was a two year project and estimated rate fixed was Rs. 3 lakhs. The petitioner was awarded the tender and the petitioner entered into Ext.P3 agreement on 18.10.2013 with the Panchayat. After execution of the agreement, the petitioner started the work and completed the same within 21/2 months from the contract date. Thereafter, the Assistant Engineer, Areacode Grama Panchayat carried out check measurement on 07.01.2014 and the measurement was ratified by the Assistant Executive Engineer, LSGD, on the same day. In Ext.P4, the Assistant Engineer has certified that the work of the petitioner has been executed satisfactorily. The Assistant Engineer submitted requisition for release of fund as per Ext.P5 on 21.02.2014. Thereafter, though the petitioner approached the Panchayat on several occasions requesting to release the funds, no steps were taken to release the funds. Later, the Assistant Engineer handed over a Demand Draft of Rs. 2 lakhs to the petitioner. As the project was spread over two years, the balance amount of Rs. 1 lakh was to be paid during the financial year 2014-2015. Thought the petitioner approached the Panchayat several times, the Panchayat did not release the balance amount.

(3.) Aggrieved, the petitioner approached the Ombudsman for LSGI by filing O.P. No.860/2015. The Ombudsman, after hearing the parties, passed Ext.P11 order dated 27.11.2015 directing the petitioner to file a fresh complaint before the 2nd respondent-Secretary to the Panchayat and the 2nd respondent was directed to take a decision in the matter.