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Judgment
The petitioner who is stated to be engaged in the business of the supplying drinking water as per demand in and around Palakkad district, has
approached this Court aggrieved by the inaction on the part of the respondents in honoring the bills furnished by the petitioner to them for the supply of
drinking water in an emergent situation where patients in the District Hospital Palakkad, who were under going dialysis, has to be supplied with water,
and there was a shortage noticed by the district administration.
In the writ petition, the petitioner produces Ext.P3 bill that was submitted by him to the respondents and also produces as Exts.P4 and P6, the
recommendations by the District Collector as well as the Superintendents of the District Hospital for effecting the payment due to the petitioner. It is
stated that while there is no dispute with regard to the amounts to be paid to the petitioner, differences have arisen between the 1st respondent on the
one hand and the 4th respondent on the other, as to who should bear the amounts admittedly payable to the petitioner.
In my view, the respondents are obliged to act fairly in the matter of effecting payments to persons who have rendered service to the District
Administration during an emergency situtation. Since the liability to the petitioner, in the amount covered by Ext.P3 bill is not disputed, I am of the view
that the ends of justice would be met by directing the 1st respondent to effect the payment shown in Ext.P3 bill at first instance and thereafter, to
approach the Government for a decision as regards the proportion in which the amounts covered by Ext.P3 bill should be shared between the 1st and
the 4th respondents.
The writ petition is therefore allowed by directing the 1st respondent to effect the payment covered by Ext.P3 bill to the petitioner within an outer time
limit of one month from the date of receipt of a copy of this judgment, leaving it open to the District Collector to approach the Government for a
decision as regards the manner in which the respondents should ultimately bear the liabitity covered by Ext.P3 bill submitted by the petitioner.
The Writ petition is disposed as above.