Petitioner GHK contractor sought release of unpaid bill amounts for completed emergency work. Court directed respondents to pay the balance 50% in two successive instalments of 45 days each.
Direction to pay balance 50% in two instalments of equal proportion within 45 days successive to each other.
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
MONDAY, THE 03RD DAY OF JUNE 2019 / 13TH JYAISHTA, 1941
WP(C).No. 5736 of 2019
PETITIONER:
T.H.YOUSEF AGED 31 YEARS S/O HASSAN RAWTHER, PWD CONTRACTOR, THEKKEDATHU HOUSE, EAST MARADY P.O.MUVATTUPUZHA, ERNAKULAM DISTRICT 686 673.
BY ADVS. SRI.AJITH KRISHNAN SRI.V.P.RAMESAN
RESPONDENT/S:
1 THE STATE OF KERALA, REPRESENTED BY PRINCIPAL SECRETARY, PUBLIC WORKS DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.
2 THE CHIEF ENGINEER, PUBLIC WORKS DEPARTMENT (ROADS AND BRIDGES), PUBLIC OFFICE, THIRUVANANTHAPURAM- 695 033.
3 THE SUPERINTENDING ENGINEER, PUBLIC WORKS DEPARTMENT (ROADS AND BRIDGES), CENTRAL CIRCLE, ALUVA, ERNAKULAM 683 101
BY ADVS. SMT.PRINCY XAVIER,GP SMT. B VINITHA, GP
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ONP 03.06.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 5736 of 2019 2
JUDGMENT
Petitioner is a Government Contractor. He undertook emergency
work for the respondents. The case of the petitioner is that the work was completed, however, the bill amounts are not released, and thus seeks appropriate directions.
The writ petition is disposed as above.
Sd/-
SHAJI P.CHALY
JUDGE
LEK
WP(C).No. 5736 of 2019 3
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE AGREEMENT ENTERED WITH 3rd RESPONDENT TO THE PETITIONER VIDE AGREEMENT No.84/SECCA/2017-18 DATED 19.7.2017 EXHIBIT P2 TRUE COPY OF THE ADMINISTRATIVE SANCTION ISSUED BY THE 1st ESPONDENT VIDE GO(RT) No. 179/2017/PWD DATED 14.2.2017 EXHIBIT P3 TRUE COPY OF THE TECHNICAL SANCTION VIDE ORDER NO TSR/2016/2017/2016/2868 DATED 26.3.2017 EXHIBIT P4 TRUE COPY OF THE COMPLETION CERTIFICATE ISSUED BY THE 3rd RESPONDENT EXHIBIT P5 TRUE COPY OF THE DESCRIPTION QUANTITIES AND VALUE OF WORK DONE BY THE PETITIONER EXHIBIT P6 TRUE COPY OF THE CERTIFICATE DATED 29.12.2018 AND 16.2.2019 ISSUED BY ASTER MEDICITY TO THE PETITIONER EXHIBIT P7 TRUE COPY OF THE REPRESENTATION DATED 25.1.2019 TO THE RESPONDENTS
RESPONDENT'S/S EXHIBITS: NIL
1 issue framed by the court
Whether to direct payment of the remaining 50% undisputed bill amount to the Government Contractor.
T.H.Yousef
The State of Kerala
Shaji P.Chaly
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
