A writ petition challenging a prohibitory order and seeking mandate to pay a construction bill. The court directed respondents to issue a special letter of credit within four months to process the payment.
Respondents directed to process payment of Rs.11,60,565/- via special letter of credit within four months of receiving receipts from petitioner.
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.3138 OF 2020
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE SMT. JUSTICE P.V.ASHA
WEDNESDAY, THE 07TH DAY OF OCTOBER 2020 / 15TH ASWINA, 1942
WP(C).No.3138 OF 2020(N)
PETITIONER/S:
SHIBU THOMAS, AGED 52 YEARS S/O. THOMAS, KAIMANIL HOUSE, URUKUNNU, PANULOOR P.O., KOLLAM.
BY ADVS. SRI.R.JAIKRISHNA KUM.NARAYANI HARIKRISHNAN
RESPONDENT/S:
1 STATE OF KERALA, PUBLIC WORKS DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, G.P.O., THIRUVANANTHAPURAM695001, REPRESENTED BY PRINCIPAL SECRETARY.
OTHER PRESENT:
SMT.VIVNITHA.B. ,GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07.10.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.3138 OF 2020
2
JUDGMENT
Dated this the 7th day of October 2020
This Writ Petition is filed seeking the following reliefs:
I. Call for the records of the case leading to Ext.P5 prohibitory order and quash the same by the issue of a writ of certiorari or other appropriate writ or order. II. Issue a writ of mandamus or other appropriate writ or order directing the respondents 1 and 2 to allot and disburse Rs.11,60,565/- to the petitioner towards the payment of first and final bill (Ext.P4(a)) towards the completed work -R/P 2017-2018 providing 20mm Chipping Carpet to Palaruvi Road ch.0/000 to 1/400 Km which was awarded to the petitioner pursuant to Ext.P2 agreement within a short time being fixed by this Hon'ble Court.
that even though the letter of credit was already issued by the PWD and it was sanctioned by the Finance Department that happened to be lapsed. Therefore a special letter of credit will have to be sanctioned by the Department and thereafter it will have to get concurrence from the Finance Department and
thereafter it has to obtain sanction from the Government. It is stated that it is a time consuming process.
As the matter takes time, the petitioner shall approach the 2nd respondent producing all the receipts in support of his claim, and 2nd respondent shall take up the matter with the 1st respondent for obtaining a special letter of credit for the payment of the amount due to the petitioner. The 1st respondent shall issue the special letter of credit without any delay.
WP(C).No.3138 OF 2020
Entire procedure shall be completed within a period of four months from the date of receipt of the documents by the 2nd respondent.
The Writ Petition is disposed of accordingly.
Sd/-
P.V.ASHA
JUDGE
rkc
WP(C).No.3138 OF 2020
4
APPENDIX
PETITIONER'S/S EXHIBITS:
| EXHIBIT P1 | TRUE COPY OF THE LETTER ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER DATED 23/12/2017. |
|---|---|
| EXHIBIT P2 | TRUE COPY OF THE AGREEMENT EXECUTED BETWEEN THE PETITIONER AND THE 2ND RESPONDENT DATED 12/01/2018. |
| EXHIBIT P3 | TRUE COPY OF THE COMPLETION CERTIFICATE ISSUED BY THE 3RD RESPONDENT. |
| EXHIBIT P4 | TRUE COPY OF THE COVERING LETTER ISSUED BY THE 3RD RESPONDENT TO THE 2ND RESPONDENT DATED 18/03/2019. |
| EXHIBIT P4 (A) | TRUE COPY OF THE BILL SUBMITTED BY THE |
| PETITIONER AS APPROVED BY THE 3RD RESPONDENT. |
|
| EXHIBIT P5 | TRUE COPY OF THE PROHIBITORY ORDER ISSUED |
| BY THE 5TH RESPONDENT TO THE 2ND RESPONDENT. |
|
| EXHIBIT P6 | TRUE COPY OF THE AMNESTY INTIMATION ISSUED BY THE 4THE RESPONDENT. |
| EXHIBIT P7 | TRUE COPY OF THE CHALAN EVIDENCING PAYMENT OF RS.1,66,000/- DATED 17/08/2019. |
| EXHIBIT P7(A) | TRUE COPY OF THE CHALLAN EVIDENCING PAYMENT OF RS. 1,66,000/- DATED 30/09/2019. |
| EXHIBIT P7 (B) | TRUE COPY OF THE CHALLAN EVIDENCING PAYMENT OF RS. 1,00,000/- DATED 31/10/2019. |
| EXHIBIT P7 (C) | TRUE COPY OF THE CHALLAN EVIDENCING PAYMENT OF RS.1,00,000/- DATED 31/12/2019. |
| EXT.P8 | TRUE COPY OF AMNESTY APPLICATION SUBMITTED BY THE PETITIONER |
| EXT.P9 | TRUE COPY OF THE AMNESTY INTIMATION ISSUED BY THE 4TH RESPONDENT TO THE PETITIONER |
| EXT.P10 | TRUE COPY OF THE E-CHALAN ISSUED BY THE |
WP(C).No.3138 OF 2020
5
GOVERNMENT OF KERALA
EXT.P11 TRUE COPY OF THE LETTER ISSUED BY THE 4TH RESPONDENT TO 5TH RESPONDENT
2 issues framed by the court
Whether to quash the prohibitory order against release of work bill amount.
Whether to direct the respondents to allot and disburse the amount due towards the completed work.
SHIBU THOMAS
STATE OF KERALA
EXECUTIVE ENGINEER
ASSISTANT EXECUTIVE ENGINEER
STATE TAX OFFICER
TAHSILDAR
P.V.ASHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
