The petitioner, a government contractor, filed a writ petition regarding inaction by respondents in releasing due payments. The government pleader conceded Rs.22,51,346/- was due. The court directed the third respondent to release this amount within six weeks.
Direction to third respondent to release Rs.22,51,346/- to petitioner within six weeks.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
FRIDAY, THE 04TH DAY OF OCTOBER 2019 / 12TH ASWINA, 1941
WP(C).No.20409 OF 2019(A)
PETITIONER:
R.DIVAKARAN, GOVERNMENT CONTRACTOR, CHITHIRA, TC 14/1773, KANNANMOOLA MEDICAL COLLEGE P.O., THIRUVANANTHAPURAM-695001.
BY ADV. SRI.AJITH KRISHNAN
RESPONDENTS:
1 THE STATE OF KERALA, REPRESENTED BY PRINCIPAL SECRETARY, PUBLIC WORKS DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001
PUBLIC WORKS DEPARTMENT BUILDING DIVISION, P.M.G JUNCTION, THIRUVANANTHAPURAM-695033.
K. V. MANOJ KUMAR SPL GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04.10.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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W.P. (C) No.20409 of 2019
W.P. (C) No.20409 of 2019
J U D G M E N T
The grievance of the petitioner in the writ petition
concerns the inaction on the part of the respondents in releasing the payments due in respect of a work executed by the petitioner as mentioned in the writ petition.
Government Pleader conceded that a sum of Rs.22,51,346/- is due to the petitioner in respect of the work mentioned in the writ petition and the same will be released to him by the third respondent soon.
In the light of the submission made by the learned Government Pleader, the writ petition is disposed of directing
the third respondent to release the amount mentioned above, within six weeks from the date of production of a copy of this
judgment.
Sd/P.B.SURESH KUMAR, JUDGE.
YKB
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W.P. (C) No.20409 of 2019
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE COMMUNICATION DATED 13/1/2015 BY MLA, VARKALA KAHAR
EXHIBIT P2 TRUE COPY OF THE RELEVANT PAGES OF WORK SCHEDULE ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER
EXHIBIT P3 TRUE COPY OF TECHNICAL SANCTION ISSUED BY THE 3RD RESPONDENT
EXHIBIT P4 TRUE COPY OF THE RUNNING ACCOUNT BILL APPROVED BY THE 3RD RESPONDENT
EXHIBIT P5 TRUE COPY OF THE LETTER NO.AB10/D25338/2015 DATED 19/02/2019 ISSUED BY THE 3RD RESPONDENT TO 4TH RESPONDENT
EXHIBIT P6 TRUE COPY OF THE COMPLETION CERTIFICATE ISSUED BY THE ASSISTANT ENGINEER, PWD, BUILDINGS SECTION, KILIMANOOR, THIRUVANANTHAPURAM
EXHIBIT P7 TRUE COPY OF HE REPRESENTATION DATED 10/05/2019 TO THE RESPONDENTS
RESPONDENT'S/S EXHIBITS:
NIL
//TRUE COPY//
PA TO JUDGE
YKB
2 issues framed by the court
Whether the government authorities failed to release the pending payment due to the petitioner for work executed.
Whether the writ petition should be disposed of upon a guarantee from the government pleader regarding the amount due.
R.DIVAKARAN
STATE OF KERALA
PRINCIPAL SECRETARY, PUBLIC WORKS DEPARTMENT
CHIEF ENGINEER, PUBLIC WORKS DEPARTMENT (BUILDINGS)
EXECUTIVE ENGINEER, PUBLIC WORKS DEPARTMENT BUILDING DIVISION
EXECUTIVE ENGINEER, LOCAL SELF GOVERNMENT DEPARTMENT
P.B. SURESH KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
