In a writ petition filed by a contractor, the Kerala High Court directed respondents to finalize procedures, measurements, and disburse amounts due within three months.
Direction to respondents to finalize measurement and disburse amounts due to petitioner within three months from date of 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 MRS. JUSTICE ANU SIVARAMAN
FRIDAY ,THE 07TH DAY OF SEPTEMBER 2018 / 16TH BHADRA, 1940
WP(C).No. 11523 of 2018
PETITIONER/S:
NITHIN SANKAR
AGED 34 YEARS, S/O.SIVASANKARAN, RESIDING AT CHEROTH PUTHUKKUDI HOUSE, ATHANIKKAL POST, WEST HILL, KOZHIKODE-673005.
BY ADV. SRI. V.V. SURENDRAN
RESPONDENT/S:
OTHER PRESENT:
SR. GP. E.S ASHRAFF
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07.09.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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ANU SIVARAMAN, J.
W.P(C).No. 11523 OF 2018
Dated this the 7th day of September, 2018
JUDGMENT
The petitioner has approached this Court seeking the following
relief:
“issue a writ of mandamus or any other appropriate writ order or direction directing respondents 2 and 3 to finalize the procedures with respect to Exhibits P1 and P3 contracts and draw a final bill in favour of the petitioner for the works done as per Exhibits P1 and P3 contracts.”
Government Pleader.
The learned Government Pleader submits that the bills are in respect of the works undertaken years back and that reasonable time is required for completing the measurement and taking appropriate steps for disbursing the amount. It is submitted that part bills have already been paid and that the 3rd respondent can be directed to consider the
WP(C).11523/18
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issue to finalise the measurement and to pay amounts due to the petitioner. However, it is submitted that time may be granted for carrying out final measurement and determining the amount due.
I am of the opinion that the payment of amounts due to the petitioner is to be finalised in accordance with law at the earliest. Accordingly, there will be a direction to the respondents to take appropriate steps for the finalisation of measurement and disbursing of amounts found due to the petitioner. After taking appropriate steps, the amount due to the petitioner shall be disbursed to him within three months from the date of receipt of a copy of this judgment.
The writ petition is ordered accordingly.
ANU SIVARAMAN
vgs
WP(C).11523/18
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APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 A TRUE COPY OF THE RELEVANT PAGES OF THE AGREEMENT ENTERED INTO BETWEEN THE FATHER OF THE PETITIONER LATE SIVANSANKARAN AND THE 2ND RESPONDENT DATED 04.12.09
EXHIBIT P2
A TRUE COPY OF TH E PROCEEDINGS F THE 2ND RESPONDENT DATED 03.10.11
EXHIBIT P3
A TRUE COPY OF THE RELEVANT PAGES OF THE AGREEMENT ENTERED INTO BETWEEN THE PETITIONER AND THE 2ND RESPONDENT DATED 07.04.12
/true copy/
PS TO JUDGE
1 issue framed by the court
Whether a direction should be issued to respondents to finalize measurement and disburse dues to the petitioner within three months.
NITHIN SANKAR
THE CHIEF ENGINEER, PUBLIC WORKS DEPARTMENT (ROADS AND BRIDGES) THIRUVANANTHAPURAM
THE SUPERINTENDING ENGINEER PUBLIC WORKS DEPARTMENT (ROADS AND BRIDGES), NORTH CIRCLE, KOZHIKODE
THE EXECUTIVE ENGINEER GENERAL PUBLIC WORKS DEPARTMENT (ROADS AND BRIDGES), NORTH CIRCLE, KOZHIKODE
ANU SIVARAMAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
