Writ petition filed by a contractor for payment of dues arising from work executed for Parliament Elections, 2019. The court dismissed the petition after receiving an undertaking from the third respondent to effect payment within two weeks.
Petitioner is to be paid the dues within two weeks as per the undertaking given by the third respondent.
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 P.B.SURESH KUMAR
THURSDAY, THE 21ST DAY OF NOVEMBER 2019 / 30TH KARTHIKA, 1941
WP(C).No.27585 OF 2019(W)
PETITIONER:
JIBIN JACOB AGED 42 YEARS S/O.M.O.JACOB, MULLACKAL HOUSE, POOTHRIKKA.P.O, PUTHENCRUZ, ERNAKULAM DISTRICT-682308
BY ADVS.
SRI.SAJI VARGHESE KAKKATTUMATTATHIL SRI.VINAY KUMAR VARMA
RESPONDENTS:
1 THE STATE OF KERALA REPRESENTED BY ITS CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM-695001
R3 BY SRI.MURALI PURUSHOTHAMAN, SC
SRI VINOD - SR GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21.11.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.27585 OF 2019(W)
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W.P.(C) No.27585 of 2019
J U D G M E N T
The petitioner who is a contractor has executed a work in connection with the Parliament Elections, 2019. The grievance of the petitioner in the writ petition concerns the inaction on the part of the respondents concerned in effecting the admitted payments due in respect of the work. The petitioner, therefore, seeks appropriate directions in this regard in the writ petition.
2. A statement has been filed by the third
respondent. Paragraph 4 of the statement reads thus:
“The amount covered by Ext.P5 bill could not be paid to the Petitioner by this Respondent for want of necessary funds. The Government of Kerala has now by G.O(Rt) No.603/2019/Elec dated 18-11-2019 has accorded sanction for release of a sum of Rs.9,76,07,745/- (Rupees Nine Crore Seventy Six Lakh Seven Thousand Seven Hundred and Forty-five only) to the District Collectors, for settling the expenses in connection with the General Election to House of the People Constituencies, 2019. The photocopy of G.O(Rt) No.603/2019/Elec dated 18-11-2019 issued by the 1st Respondent is produced herewith and marked as ANNEXURE – R3(a). Accordingly, District Election
WP(C).No.27585 OF 2019(W)
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Officer(District Collector), Ernakulam has been sanctioned an amount of Rs.1,00,000,00/-(Rupees One Crore only). The amounts due to the Petitioner covered by Ext.P5 bill will be paid to the Petitioner within two weeks subject to Treasury formalities. The delay in disbursement of the bill amount was due to the above reason.”
The undertaking made by the third respondent in the extracted paragraph of the statement, according to me, would redress the grievance of the petitioner. In the circumstances, the writ petition is closed recording the undertaking aforesaid.
P.B.SURESH KUMAR, JUDGE.
PV
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APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE PROCEEDINGS OF THE 3RD RESPONDENT DATED 12.4.2019
EXHIBIT P2 TRUE COPY OF THE TECHNICAL SANCTION ORDER DATED 11.4.2019
EXHIBIT P3 TRUE COPY OF THE AGREEMENT DATED 11.7.2019
EXHIBIT P4 TRUE COPY OF THE COMPLETION CERTIFICATE ISSUED BY THE 2ND RESPONDENT
EXHIBIT P5 TRUE COPY OF THE FINAL BILL DATED 22.7.2019 SUBMITTED BEFORE THE 3RD RESPONDENT
RESPONDENTS' EXHIBITS: NIL
\TRUE COPY//
PA TO JUDGE
PV
1 issue framed by the court
Whether the petitioner's grievance regarding non-payment of work dues can be redressed by the undertaking given by the third respondent.
JIBIN JACOB
THE STATE OF KERALA
THE EXECUTIVE ENGINEER PWD BUILDING DIVISION, ERNAKULAM
THE DISTRICT COLLECTOR ERNAKULAM DISTRICT
P.B. SURESH KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
