Dismissed

Santhosh v. the State of Kerala

Kerala HC6 Mar 2019WP(C)/3319/2019

Case brief

AI extract

What is this about?

In a writ petition, a government contractor sought directions for the approval of completed emergency work and payment of dues. The court directed the Executive Engineer to approve the work within three weeks without undue delay, enabling the Assistant Executive Engineer to release the payment within a month thereafter.

What did the court decide?

Directed the 3rd respondent to approve the work within three weeks; directed the 4th respondent to release payment within one month thereafter if approved.

Santhosh Vs the State of Kerala — Contract and Commercial Disputes | Kerala HC (2019)

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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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WEDNESDAY,THE 06TH DAY OF MARCH 2019 / 15TH PHALGUNA, 1940

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WP(C).No. 3319 of 2019

PETITIONER/S:

SANTHOSH

AGED 41 YEARS

PWD CONTRACTOR, KRISHNA VILAS, THYCAUD P.O., THIRUVANANTHAURAM-695 014

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BY ADVS. SRI.AJITH KRISHNAN SRI.V.P.RAMESAN

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RESPONDENT/S:

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1 THE STATE OF KERALA REPRESENTED BY PRINCIPAL CHIEF SECRETARY,PUBLIC WORKS DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHPAURAM-695 001

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2 THE CHIEF ENGINEER, PUBLIC WORKS DEPARTMENT BUILDINGS, PUBLIC OFFICE, THIRUVANANTHAPURAM-695 033

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3 THE EXECUTIVE ENGINEER, PUBLIC WORKS DEPART BUILDINGS DIVISION, P.M.G. JUNCTION, THIRUVANANTHAPURAM-695 033

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4 THE ASISTANT EXECUTIVE ENGINEER PUBLIC WORKS BUILDINGS SUB DIVISION, THIRUVANANTHAPURAM

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SRI. B VINOD, SR. GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06.03.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 3319 of 2019 2

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JUDGMENT

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Petitioner is a Government Contractor, who was

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undertaken emergency work for and on behalf of the respondents. According to the petitioner, the work was completed within the stipulated time during the year 2016 and the petitioner raised a bill of Rs. 2,99,999/-. However the 3^rd respondent, who is the authority to pay the amount has not taken any steps to pay the same. It is thus seeking

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appropriate directions, this writ petition is filed.

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petitioner and the learned senior Government Pleader and perused the pleadings and documents on record. Learned senior Government Pleader pointed out that,

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the work is completed to the satisfaction of the authority concerned. However, the work is to be approved by the 3^rd respondent that is the Executive Engineer,Public Works Department Buildings Division, Thiruvananthapuram, and appropriate directions may

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be issued enabling the 4^th respondent to make the

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WP(C).No. 3319 of 2019 3

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payment.

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petition is disposed of, directing the 3^rd respondent to take action for approving the work

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carried out by the petitioner, and if there are no other legal impediments standing in the way, the same shall be approved within three weeks from the date of receipt of a copy of this judgment, and if

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the work is approved by the 3^rd respondent, 4^th respondent shall take immediate steps to release the amount at the earliest and at any rate, within a month thereafter.

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The writ petition is disposed of, accordingly.

SD/-

SHAJI P.CHALY

JUDGE

hmh

WP(C).No. 3319 of 2019 4

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1	TRUE COPY OF THE 8/8/2016 ISSUED B	QUOTATION NOTICE DATED Y 4TH RESPONDENT.
EXHIBIT P2	TRUE COPY OF THE BY THE 4TH RESPON	SELECTION NOTICE ISSUED DENT TO THE PETITIONER.
EXHIBIT P3	TRUE COPY OF THE THE 4TH RESPONDEN	WORK SCHEDULE ISSUED BY T TO THE PETITIONER.
EXHIBIT P4	TRUE COPY OF LETT DATED 3/10/2017 I RESPONDENT TO THE	ER NO.D4-3180/16-17 SSUED BY THE 4TH 3RD RESPONDENT.
EXHIBIT P5	TRUE COPY OF THE ISSUED BY THE 4TH	TECHNICAL SANCTION RESPONDENT.
EXHIBIT P6	TRUE COPY OF THE ISSUED BY THE 3RD	ADMINISTRATIVE SANCTION RESPONDENT.
EXHIBIT P7	TRUE COPY OF THE 10/12/2018 TO THE	REPRESENTATION DATED RESPONDENT.

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RESPONDENT'S/S EXHIBITS: NIL

Santhosh v. the State of Kerala

Case brief

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Santhosh v. the State of Kerala

Case brief

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