Petitioner, a PWD contractor, filed a writ petition seeking payment of Rs.21,45,444/-owed for completed exhibition works. The court directed respondents to release 50% within a month and the balance within another month.
Direction to respondents to release 50% of the outstanding amount within one month and the balance amount within one month thereafter.
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
FRIDAY, THE 12TH DAY OF JULY 2019 / 21ST ASHADHA, 1941
WP(C).No.15718 of 2019
PETITIONER:
JIBIN JACOB
AGED 42 YEARS
S/O. M.O. JACOB, MULLACKAL HOUSE, POOTHRIKKA P.O, PUTHENCRUZ, ERNAKULAM DISTRICT-682 308
BY ADV. SRI.SAJI VARGHESE KAKKATTUMATTATHIL
RESPONDENT/S:
1 THE STATE OF KERALA REPRESENTED BY ITS SECRETARY, INFORMATION AND PUBLIC RELATIONS DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001
2 THE EXECUTIVE ENGINEER, PWD BUILDING DIVISION, ERNAKULAM ,EDAPPALLY P.O, PIN-682 024
3 THE DISTRICT COLLECTOR, ERNAKULAM DISTRICT, CIVIL STATION, KAKKANAD P.O, PIN-682 030
BY ADV. SMT.VINEETHA.B, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12.07.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.15718 of 2019 2
JUDGMENT
Petitioner is a registered PWD Contractor and as per an agreement dated 25.02.2019, petitioner undertook the work of Installation of Exhibition stalls, Stage and related works in connection with 1000 day celebration of Kerala State Ministry held at Ernakulathappan Ground Ernakulam. According to the petitioner, the work was completed to the satisfaction of the respondents, however, the payment due to the petitioner amounting to Rs.21,45,444/-was not received, in spite of recommendations made by the respective statutory authorities, thus seeks appropriate directions.
WP(C).No.15718 of 2019 3
rival submissions made by the petitioner, there will be a direction to the competent among the respondents to release 50% of the
amount to the petitioner within a month and the balance amount within one month thereafter.
Accordingly, this writ petition is disposed of.
Sd/-
SHAJI P.CHALY
JUDGE
LEK
WP(C).No.15718 of 2019 4
APPENDIX
PETITIONER'S/S EXHIBITS:
| EXHIBIT P1 | TRUE COPY OF THE RESPONDENT DATED |
PROCEEDINGS OF THE 2ND 4.2.2019. |
|---|---|---|
| EXHIBIT P2 | TRUE COPY OF THE DATED 6.2.2019. |
TECHNICHAL SANCTION ORDER |
| EXHIBIT P3 | TRUE COPY OF THE 25.2.2019. |
AGREEMENT DATED |
| EXHIBIT P4 | TRUE COPY OF THE 23.3.2019 SUBMITT RESPONDENT. |
FINAL BILL DATED ED BEFORE THE 2ND |
| EXHIBIT P5 | TRUE COPY OF THE FORWARDED BY THE DIRECTOR OF INFOR RELATIONS, THIRUV |
LETTER DATED 6.5.2019 2ND RESPONDENT TO THE MATION AND PUBLIC ANANTHAPURAM. |
RESPONDENT'S/S EXHIBITS: NIL
2 issues framed by the court
Whether the petitioner, a registered contractor, is entitled to immediate payment of outstanding dues for completed work.
Whether the court can direct the respondents to release a portion of the outstanding amount pending final approval.
Jibin Jacob
The State of Kerala Represented by its Secretary, Information and Public Relations Department
The Executive Engineer, PWD Building Division, Ernakulam
The District Collector, Ernakulam District
Shaji P.Chaly
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
