Petitioner sought payment of an unpaid work bill amount of Rs. 15,80,000 for completed railway construction. Respondents admitted liability but cited fund shortage. Court ordered payment within six weeks.
Respondents directed to pay the admitted amount to the petitioner expeditiously within six weeks of the judgment.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE ANTONY DOMINIC
THURSDAY, THE 29TH SEPTEMBER 2011 / 7TH ASWINA 1933
WP(C).No. 22061 of 2011(G)
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PETITIONER(S):
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S.PRADEEP,AGED 45 YEARS,S/O.SUKUMARAN, JYOTHIS,MUTTOM(P.O),CHEPPAD VILLAGE, KARTHIKAPPALLY,ALAPPUZHA.
BY ADV. SRI.S.SHANAVAS KHAN
RESPONDENT(S):
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1. THE SENIOR DIVISIONAL MANAGER(WORKS), DIVISIONAL OFFICE,SOUTHERN RAILWAY, THIRUVANANTHAPURAM-695001.
2. THE DIVISIONAL MANAGER(RAILWAY), DIVISIONAL OFFICE,SOUTHERN RAILWAY, THIRUVANANTHAPURAM-695001.
ADV. SMT.REZIYA.P.A.,SC, RAILWAYS SRI.C.S.DIAS, SC, RAILWAYS
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WPC NO.22061/11
APPENDIX
PETITIONER'S EXHIBITS
EXT.P1: TRUE COPY OF THE AGREEMENT EXECUTED WITH THE FIRST RESPONDENT REGARDING THE UNDERTAKING OF CONSTRUCTION WORK.
EXT.P2: TRUE COPY OF THE LETTER DATED 11.7.11 ISSUED TO THE 2ND RESPONDENT.
EXT.P3: TRUE COPY OF THE ORDER DATED 27.6.11 IN IA NO.628/11 IN OS NO.170/2011 ON THE FILE OF SUB COURT, ALAPPUZHA.
//TRUE COPY//
P.A. TO JUDGE
Rp
ANTONY DOMINIC, J. ================ W.P.(C) NO. 22061 OF 2011
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Dated this the 29th day of September, 2011
J U D G M E N T
Petitioner submits that on the basis of a contract awarded to him, he had undertaken the construction of SE/Permanent way/office and store at Railway Station, Mavelikkara, the agreement value of which is 28,83,395/-. It is his case that he completed the work and that the office was inaugurated on 25/3/11. According to the petitioner, an amount of 15,80,000/which was claimed as part bill in respect of the work is still remaining unpaid, and therefore, this writ petition is filed seeking payment of the said amount.
stated thus:
“The bill submitted by the petitioner for Rs.15,78,492/- was received by bill dated 2.7.11 and the same was promptly passed by the respondent vide voucher dated 11.7.11. The said bill is pending due to shortage for funds under plan Head S-646103. It is most respectfully submitted that the bill is pending due to shortage of funds under “Other Specified Works” Plan Head (6400). Immediately on the receipt of the Ext.P2 letter, the same was forwarded to the concerned authority ie, the Chief Planning and Development Engineer/Chennai (CPDE/MAS) on the next day itself for allotting additional funds for payment to the petitioner.”
WPC No. 22061/11
:2 :
ANTONY DOMINIC, JUDGE
Rp
1 issue framed by the court
Whether the petitioner is entitled to payment of the admitted balance amount of the work bill despite respondent's claim of fund shortage.
S.PRADEEP
THE SENIOR DIVISIONAL MANAGER(WORKS), DIVISIONAL OFFICE,SOUTHERN RAILWAY, THIRUVANANTHAPURAM
THE DIVISIONAL MANAGER(RAILWAY), DIVISIONAL OFFICE,SOUTHERN RAILWAY, THIRUVANANTHAPURAM
ANTONY DOMINIC
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
