Writ petition filed for direction to adjust unpaid part bill towards security. Court directed third respondent to consider adjustment within one month. Petition disposed of.
Direction issued to the third respondent to consider and adjust the part bill towards security and performance guarantee within one month.
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 SHAJI P.CHALY
MONDAY, THE 24TH DAY OF OCTOBER 2016/2ND KARTHIKA, 1938
WP(C).No. 32155 of 2016 (T)
PETITIONER(S):
GEORDY K.ABRAHAM KANJIRAMKUNNEL HOUSE, VAZHAKULAM P.O., MUVATTUPUZHA.
BY ADV. SRI.T.RAJESH
RESPONDENT(S):
1. PUBLIC WORKS DEPARTMENT REPRESENTED BY ITS SECRETARY, PUBLIC OFFICE, MUSEUM P.O., THIRUVANANTHAPURAM, PIN:695033.
2. THE SUPERINTENDING ENGINEER OFFICE OF THE SUPER INTENDING ENGINEER, PWD ROAD AND BRIDGES, SOUTH CIRCLE, THIRUVANANTHAPURAM, PIN:695033.
3. THE EXECUTIVE ENGINEER OFFICE OF THE EXECUTIVE ENGINEER, PWD BUILDING, EDAPPALLY, ERNAKULAM-682024.
BY SR.GOVERNMENT PLEADER SRI. T.K. ARAVIND KUMAR BABU
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24-10-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 32155 of 2016 (T)
APPENDIX
PETITIONER(S)' EXHIBITS
EXHIBIT P1: THE TRUE COPY OF THE COMMUNICATION DB 2-2016/2589 DATED 22.9.2016 OF THE 2ND RESPONDENT.
EXHIBIT P2: THE TRUE COPY OF THE REQUEST FORWARDED BY THE PETITIONER ON 30.9.2016.
EXHIBIT P3: THE TRUE COPY OF THE LETTER OF THE 3RD RESPONDENT DATED 30.9.2016.
EXHIBIT P4: THE TRUE COPY COPY OF THE CIRCULAR ISSUED BY THE GOVERNMENT DEPARTMENT ON 7.9.2003.
EXHIBIT P5: THE TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN PWC NO.28705 OF 2016 DATED 9.9.2016.
RESPONDENT(S)' EXHIBITS:
NIL
//TRUE COPY//
P.A. TO JUDGE
dlk
SHAJI P. CHALY, J.
W.P.(C) No.32155 of 2016
Dated this the 24th day of October, 2016
JUDGMENT
Petitioner was awarded with the work of construction of Vellikulam - Kariyad - Chothepuzha - Vagamon road, D/000 to 5/100 in Ponnjar Division. Petitioner has proceeded with the work and submitted a part bill. The same was not paid. However, Ext.P3 representation was submitted seeking to adjust the amount towards security etc., etc. However, according to the petitioner, no action was initiated with respect to the same. It is in this backdrop seeking appropriate direction, this writ petition is filed.
W.P.(C) No.32155 of 2016
2
submitted that, since it is a part bill, the stipulations contained under Ext.P4 Circular will not apply. This is recorded. However, I feel that since amounts are due as per the part bill, there is nothing wrong in adjusting the same towards the security and performance guarantee. The whole exercise shall be completed by the second and third respondents within one month from the date of receipt of a copy of this judgment.
Writ petition is disposed of accordingly.
Sd/-
SHAJI P. CHALY,JUDGE
dlk/24/10/
1 issue framed by the court
Whether a direction can be issued to the third respondent to consider and adjust the part bill towards security and performance guarantee.
Geordy K.Abraham Kanjiramkunnel House
Public Works Department Represented by its Secretary
The Superintending Engineer Office of the Super Intending Engineer
The Executive Engineer Office of the Executive Engineer
Shaji P. Chaly
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
