This court disposed of a writ petition filed by a PWD contractor seeking payment for completed work. The court directed relevant respondents to ensure payment is made within six weeks despite admitted technical defects.
Directing respondents 3 and 4 to see that payment due to the petitioner is made within a period of six weeks.
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.
WP(C).No.23603 OF 2020(A)
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE SMT. JUSTICE P.V.ASHA
MONDAY, THE 23RD DAY OF NOVEMBER 2020 / 2ND AGRAHAYANA, 1942
WP(C).No.23603 OF 2020(A)
PETITIONER:
MURUKAN NAIR.K AGED 68 YEARS
PWD CONTRACTOR, KUMARI NILAYAM, CHOOZHATTUKOTTA, MALAYAM PO, THIRUVANANTHAPURAM.
BY ADV. SHRI.AJITH KRISHNAN
RESPONDENTS:
PUBLIC WORKS DEPARTMENT BUILDINGS, THIRUVANANTHAPURAM-695033.
GP - SMT. PRINCY XAVIER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23.11.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.23603 OF 2020(A)
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P.V.ASHA, J.
W.P(c) No.23603 of 2020-A
Dated this the 23rd day of November, 2020
JUDGMENT
The petitioner is a PWD Contractor who was awarded with the work of
“Mental Health Centre, Thiruvananthapuram-setting up of a DNB Library”. The grievance is over the delay in paying the final bill. It is stated that the work was completed on 30.05.2020.
Therefore, the Writ Petition is disposed of directing respondents 3 and 4 to see that payment due to the petitioner is made within a period of six weeks.
Sd/- (P.V.ASHA, JUDGE)
rtr/
WP(C).No.23603 OF 2020(A)
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APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE SELECTION NOTICE NO D43914/2019, DTD 18/02/2020 ISSUED TO THE PETITIONER BY 5TH RESPONDENT.
EXHIBIT P2 TRUE COPY OF THE ACKNOWLEDGMENT FOR HANDING OVER THE SITE TO THE CONTRACTOR.
EXHIBIT P3 TRUE COPY OF THE RELEVANT PAGES OF SCHEDULE OF THE WORK, ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER.
EXHIBIT P4 TRUE COPY OF THE REPRESENTATION DATED 5/9/2020 SUBMITTED BY THE PETITIONER, BEFORE THE RESPONDENTS.
1 issue framed by the court
Whether the petitioner is entitled to the prompt payment of the final bill for the completed work against technical software defects.
Murukan Nair.K
State of Kerala
The Secretary, Public Works Department
The Chief Engineer
The Executive Engineer PWD Buildings Division
The Assistant Executive Engineer, PWD Buildings Sub Division
P.V. Asha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
