A Government Contractor filed a writ petition seeking payment for empanelment work not yet settled in full. The High Court directed the respondents to finalise the representation within a month.
Director made to finalise Ext.P4 within one month; Respondents directed to pay the balance amount if no legal inhibitions exist.
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
TUESDAY, THE 11TH DAY OF JUNE 2019 / 21ST JYAISHTA, 1941
WP(C).No. 3352 of 2019
PETITIONER:
P.ANILKUMAR AGED 45 YEARS
PWD CONTRACTOR, CHAKKAMPAKKAM, PUTHUMANA LANE, KUDAVOOR, ANAYARA.P.O., THIRUVANANTHAPURAM.
BY ADVS. SRI.AJITH KRISHNAN SRI.V.P.RAMESAN
RESPONDENTS:
1 THE STATE OF KERALA, REPRESENTED BY PRINCIPAL CHIEF SECRETARY, PUBLIC WORKS DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.
PUBLIC WORKS DEPARTMENT, BUILDINGS AND LOCAL WORKS, PUBLIC OFFICE, THIRUVANANTHAPURAM-695033.
3 THE EXECUTIVE ENGINEER, PUBLIC WORKS DEPARTMENT BUILDINGS DIVISION, P.M.G.JUNCTION, THIRUVANANTHAPURAM-695033.
SMT.PRINCY XAVIER, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11.06.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 3352 of 2019
2
JUDGMENT
Petitioner is a Government Contractor, who
undertook emergency deposit work for the respondents by executing an agreement. The work was carried out by
the petitioner for the 4th respondent i.e., the Regional Institute of Ophthalmology, Thiruvananthapuram in respect of installation of transformer and generator and construction of generator room. According to the petitioner, the work was completed and the total bill amount comes to Rs.21,69,279/-. Petitioner was paid Rs.18,00,000/- and the balance remaining is Rs.3,69,279/-. In spite of earnest efforts of the petitioner, the amount was not paid. Consequent to which, petitioner has submitted Ext.P4 before respondents 2 to 4 and the same is
pending consideration and seeks early consideration of the same.
learned Government Pleader, I am of the considered opinion that, the writ petition can be disposed of
with appropriate directions. Learned Government
WP(C).No. 3352 of 2019 3
Pleader pointed out that, already 4th respondent has transferred the fund in favour of the Public Works Department.
month from the date of receipt of a copy of this judgment. I make it clear that, if there are no legal inhibitions standing in the way of paying the amount due to the petitioner, it shall be paid without any further delay.
Writ petition is disposed of accordingly.
Sd/-
SHAJI P.CHALY
JUDGE
Smv 11.6.2019
WP(C).No. 3352 of 2019
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APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE SELECTION NOTICE ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER. EXHIBIT P2 TRUE COPY OF THE WORK SCHEDULE ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER. EXHIBIT P3 TRUE COPY OF THE SAME BALANCE LETTER NO.AB9/D6/4086/2014 DATED 12.10.2018 ISSUED TO THE 3RD RESPONDENT TO THE 4TH RESPONDENT. EXHIBIT P4 TRUE COPY OF THE REPRESENTATION DATED 2.1.2019 TO THE RESPONDENTS.
1 issue framed by the court
Whether the Public Works Department should be directed to finalise the outstanding duplicate bill application (Ext.P4) for the petitioner timeously.
P.Anilkumar
The State of Kerala
The Chief Engineer, Public Works Department
The Executive Engineer, Public Works Department
The Director, Regional Institute of Ophthalmology
Shaji P.Chaly
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
