Partly allowed

P.Suresh Kumar v. State of Kerala and Others

Kerala HC30 Mar 2011WP(C)/274/2011

Case brief

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What is this about?

The High Court of Kerala disposed of a writ petition filed by a PWD contractor seeking payment of outstanding work bills and interest. The Court directed the State to effect payment upon issuance of the Letter of Credit within six weeks.

What did the court decide?

Direct the First Respondent to consider and finalise the issuance of Letter of Credit and effect payment within six weeks.

P.Suresh Kumar Vs State of Kerala and Others — Contract and Commercial Disputes | Kerala HC (2011)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT :

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THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON

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WEDNESDAY, THE 30TH MARCH 2011 / 9TH CHAITHRA 1933

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WP(C).No. 274 of 2011(H) ------------------------

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PETITIONER(S):

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P.SURESH KUMAR, PWD CONTRACTOR,PLAVILA PUTHENVEEDU, EANIKARA, KARAKULAM P.O., THIRUVANANTHAPURAM

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BY ADV. SRI.AJITH KRISHNAN

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RESPONDENT(S):

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STATE OF KERALA, REP.BY SECRETARY TO GOVERNMENT PUBLIC WORKS DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695001

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THE CHIEF ENGINEER, PWD ROADS AND BRIDGES, PUBLIC OFFICE, THIRUVANANTHAPURAM-695001

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THE EXECUTIVE ENGINEER P.W.D.ROADS DIVISION, P.M.G. THIRUVANANTHAPURAM-695001

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THE ASSISTANT EXECUTIVE ENGINEER, ROADS SUB DIVISIO, NEDUMANGADU, NEAR TALUK OFFICE, THIRUVANANTHAPURAM-695001

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GOVERNMENT PLEADER N.SUDHA DEVI

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30/03/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 274 of 2011

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APPENDIX

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EXHIBITS

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EXT.P1TRUE COPY OF THE TENDER ACCEPTED ORDER ISSUED BY THE 3RD RESPONDENT DATED 31.10.2008

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EXT.P2TRUE COPY OF THE TENDER SCHEDULE ISSUED BY THE 3RD RESSPONDENT

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EXT.P3TRUE COPY OF THE WORK RUNNING ACCOUNT BILLS ISSUED BY THE ASSISTANT ENGINEER

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EXT.P4TRUE COPY OF THE LETTER NO.FRZ-5661/2010 DATED 11.8.10 ISSUED BY THE 2ND RESPONDENT TO THE 1ST RESPONDENT

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EXT.P5TRUE COPY OF THE LETTER NO.D5/2977/09 DATED 22.10.09 ISSUED BY THE 3RD RESPONDENT

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EXT.P6TRUE COPY OF THE RUNNING ACCOUNT BILLS FOR THE 2ND WORK, ISSUED BY THE RESPONDENT

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EXT.P7TRUE COPY OF THE REPRESENTATION DATED 10.11.10 SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENTS.

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TRUE COPY

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P.A TO JUDGE

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P.R.RAMACHANDRA MENON, J.

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-------------------------------------

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W.P.(C)No.274 Of 2011

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----------------------------------------------------Dated this the 30th day of March, 2011

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JUDGMENT

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Petitioner has approached this Court with the following

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prayers:

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(i). Issue a writ of mandamus or writ of similar nature or order or direction commanding the respondents to disburse the bill amount of Rs.16,11,509/- (Rupees sixteen lakhs eleven thousand five hundred and nine only) to the petitioner with respect to the work mentioned in Exts.P1 to P6 forthwith.

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(ii). To issue a writ of mandamus or writ of similar nature or order or direction commanding the respondents to pay the interest at the rate of 15% of the amount due to the petitioner forthwith.

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Learned counsel for the petitioner submits that the work awarded to the petitioner has been satisfactorily completed despite which the due amount is not yet disbursed which is under challenge in this writ petition.

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W.P.(C)No. 274/2011

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-2-

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Learned Government Pleader appearing for the respondents submits that the third respondent has already forwarded necessary recommendation to the Government for issuance of letter of credit and for effecting the payment. It is also stated that payment will be effected immediately on obtaining the letter of credit as above. In the above circumstances, the first respondent is directed to consider and finalise the matter for issuance of letter of credit so as to facilitate the payment due to the petitioner. This shall be done as expeditiously as possible, at any rate, within six weeks from the date of receipt of a copy of this judgment.

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4. Petitioner shall produce a copy of this judgment along with

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the copy of the writ petitioner before the first respondent for compliance.

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Writ petition is disposed of as above

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P.R.RAMACHANDRA MENON,

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Judge

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mrcs

P.Suresh Kumar v. State of Kerala and Others

Case brief

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P.Suresh Kumar v. State of Kerala and Others

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