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George K.Vallamattom v. Kerala State Construction Corporation

Kerala HC1 Mar 2018WP(C)/783/2018

Case brief

AI extract

What is this about?

Petitioner, a government contractor, approached the High Court demanding payment for completed work. The Court directed the Tribal Welfare Department to approve the bill within one month, after which the amount must be released.

What did the court decide?

Direction to the fourth respondent to dispose the bill within one month and release the amount within one month thereafter upon approval.

George K.Vallamattom Vs Kerala State Construction… — Service and Employment | Kerala HC (2018)

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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 SHAJI P.CHALY

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THURSDAY, THE 1ST DAY OF MARCH 2018 / 10TH PHALGUNA, 1939

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WP(C).No. 783 of 2018

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PETITIONER:

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GEORGE K.VALLAMATTOM,

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VALLAMATTOM HOUSE, MUVATTUPUZHA, ERNAKULAM 686 672.

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BY ADV.SRI.T.RAJESH

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RESPONDENT(S):

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1. KERALA STATE CONSTRUCTION CORPORATION, PONNURUNNI, VYTTILA 682 019, REPRESENTED BY THE MANAGING DIRECTOR.

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2. THE GENERAL MANAGER,

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KERALA STATE CONSTRUCTION CORPORATION, PONNURUNNI, VYTTILA 682 019.

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3. GOVERNMENT OF KERALA, REPRESENTED BY THE SECRETARY [FINANCE], GOVERNMENT SECRETARIAT, TRIVANDRUM 695 001.

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4. SECRETARY, TRIBAL WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT, TRIVANDRUM 695 001.

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R1& R2 BY SRI.M.V.THAMBAN, SC R3&R4 BY SENIOR GOVERNMENT PLEADER SRI.P.M. MANOJ

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01-03-2018,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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PBS

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WP(C).No. 783 of 2018 (W)

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APPENDIX

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PETITIONER(S)' EXHIBIT P1.	EXHIBITS COPY OF THE NOTICE INVITING TENDER.
EXHIBIT P2.	TRUE COPY OF THE WORK ORDER NO. CC/GM/PMH/NRM/010/6020 DATED 3.8.11 OF THE 2ND RESPONDENT.
EXHIBIT P3.	COPY OF THE AGREEMENT DATED 30.11.11 EXECUTED BETWEEN THE PETITIONER WITH RESPONDENTS 1 AND 2.
EXHIBIT P4.	COPY OF THE COMMUNICATION DATED 13.2.12 ISSUED BY THE IST RESPONDENT TO THE 4TH RESPONDENT.
EXHIBIT P5.	COPY OF THE LETTER DATED 29.3.12 ISSUED BY THE PETITIONER.
EXHIBIT P6.	TRUE COPY OF THE LETTER CC/GM/PMH/NRM/010/6825 DATED 19.4.12.
EXHIBIT P7.	TRUE COPY OF THE COMMUNICATION FORWARDED BY THE PETITIONER DATED 3.5.12.
EXHIBIT P8.	TRUE COPY OF THE COMMUNICATION CC/GM/PMH/NRM/010/36 DATED 5.4.13 OF THE IST AND 2ND RESPONDENTS TO 4TH RESPONDENT.
EXHIBIT P9.	COPY OF THE LAWYER NOTICE CAUSED TO BE ISSUED BY THE PETITIONER DATED 15.1.15.
EXHIBIT P10.	COPY OF THE JUDGMENT IN WPC 2146 OF 2015 DATED 21.11.15.

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RESPONDENT'S EXHIBIT NIL

/TRUE COPY/

PA TO JUDGE

PBS 6/3/2018

SHAJI P. CHALY, J.

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W.P.(C). No. 783 OF 2018

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Dated this the 01^st day of March, 2018

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JUDGMENT

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Petitioner is a Government Contractor, who had undertaken and completed the work of pre-metric hostel for Girls at Neriyamangalam. According to the petitioner, even though the work is completed to the satisfaction of the tendering authority, the amount due to the petitioner is not paid. It is thus seeking appropriate directions, this writ petition is filed.

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A counter affidavit is filed by respondents 1 and 2, wherein the agreement executed, work carried out and the amount due as per the final bill approved is admitted. However, it is stated that for the approval of the fourth respondent, the bill is forwarded and on receiving approval alone the amount can be disbursed.

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Having heard learned counsel for the petitioner, learned Standing Counsel for respondents 1 and 2 and learned Senior Government Pleader and

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W.P.(C). No. 783 of 2018

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perusing the documents and the pleadings on record, there will be a direction to the fourth respondent to take a decision on the bill forwarded by respondents 1 and 2, within one month from the date of receipt of a copy of this judgment and on receipt of approval, the amount shall be released, without any delay, at any rate, within one month thereafter.

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Writ petition is disposed of accordingly.

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sd/-

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SHAJI P. CHALY JUDGE

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/true copy/

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P.A. To Judge

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DCS

George K.Vallamattom v. Kerala State Construction Corporation

Case brief

What is this about?

What did the court decide?

George K.Vallamattom v. Kerala State Construction Corporation

Case brief

What is this about?

What did the court decide?

What the court decided

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