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M/S.M.Y.Associates v. Executive Engineer

Kerala HC8 Oct 2020WP(C)/5308/2018

Case brief

AI extract

What is this about?

A Government contractor filed a writ petition seeking payment of a balance amount of Rs. 3,21,315/- for completed work under a Canal Beautification Project. The court directed the 4th respondent to pay the due amount within two weeks.

What did the court decide?

Directed the 4th respondent to pay the due amount of Rs. 3,21,315/- within two weeks from the date of receipt of the copy of the judgment.

M/S.M.Y.Associates Vs Executive Engineer — Contract and Commercial Disputes | Kerala HC (2020)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE SMT. JUSTICE P.V.ASHA

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THURSDAY, THE 08TH DAY OF OCTOBER 2020 / 16TH ASWINA, 1942 WP(C).No.5308 OF 2018(K)

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PETITIONER:

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M/S.M.Y. ASSOCIATES KADUTHURUTHY P.O, KOTTAYAM-686 604, REPRESENTED BY ITS PROPRIETOR M.Y. MATHEW

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BY ADV. SRI.AJITH KRISHNAN

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RESPONDENTS:

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1 EXECUTIVE ENGINEER OFFICE OF THE EXECUTIVE ENGINEER, MINOR IRRIGATION DIVISION, KAKKANAD, ERNAKULAM-682 032

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2 SUPERINTENDING ENGINEER MINOR IRRIGATION CENTRAL CIRCLE, CIVIL STATION, KAKKANAD, ERNAKULAM-682 030

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3 THE CHAIRMAN DISTRICT TOURISM PROMOTION COUNCIL, COLLECTORATE, CIVIL STATION, KAKKANAD, ERNAKULAM-682 030

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4 DISTRICT TOURISM PROMOTION COUNCIL ERNAKULAM, REPRESENTED BY ITS SECRETARY, DISTRICT TOURISM PROMOTION COUNCIL, COLLECTORATE, CIVIL STATION, KAKKANAD, ERNAKULAM-682 030

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BY ADV. SRI.ALEXY AUGUSTINE

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OTHER PRESENT:

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SMT.VINITHA.B, GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.10.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.5308 OF 2018(K)

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J U D G M E N T

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Petitioner, who is a Government contractor,

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executed the work in respect of Canal Beautification Project at Kanjiramattom-Poothotta Canal based on Ext.P1 order dated 16.05.2011. It is stated that work

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was completed as early as on 12.01.2012 and completion certificate Ext.P2 was issued on 03.10.2012. It is stated that the petitioner was paid only part bills and the final bill Ext.P3 which was forwarded by the first respondent to the 4^th respondent as early as on 03.10.2012, is not paid so far, despite repeated representations.

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The 4^th respondent filed a counter affidavit admitting that the petitioner has completed the work and first part bill and second part bill were paid and a balance amount to the tune of Rs.3,21,315/- is

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WP(C).No.5308 OF 2018(K)

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to be paid to the petitioner. It is also stated that finance officer has already verified it and approved it. According to them, the status report sought by the DTPC is not received from the Amballur Grama Panchayat till 04.10.2019 and thereafter, the Secretary of the Amballoor Grama Panchayat has stated that the office has no connection with the work so as to furnish any status report. The 4^th respondent further states that it is mandatory that the physical assets and components of the project have to be taken

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over by implementing department and has to be handed over to the concerned land owned department (Irrigation or Amballoor Grama Panchayat) and also that 4^th respondent is ready to make balance payment, after getting the handing over report from the Executive Engineer.

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Learned Government Pleader, on instructions, from the Executive Engineer submits that the completion certificate as well as the final bill were

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WP(C).No.5308 OF 2018(K)

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already forwarded to the 4^th respondent along with administrative and technical sanction and there is nothing left with the Executive Engineer to do for the payment of the bill to the petitioner.

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Therefore, the 4^th respondent shall see that the amount due to petitioner is paid within a period of

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two weeks from the date of receipt of a copy of the judgment.

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The writ petition is disposed of accordingly.

Sd/-

P.V.ASHA, JUDGE

WP(C).No.5308 OF 2018(K)

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXHIBIT P1 THE TRUE COPY OF THE ORDER 706/07/DTPC/EKM OF THE 3RD RESPONDENT DATED 16.05.2011.

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EXHIBIT P2 THE TRUE COPY OF THE COMPLETION CERTIFICATE ISSUED BY THE 2ND RESPONDENT DATED 03.10.2012.

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EXHIBIT P3 THE TRUE COPY OF THE LETTER FORWARDED BY THE 1ST RESPONDENT.

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EXHIBIT P4 THE TRUE COPY OF THE REPRESENTATION MADE BY THE PETITIONER ON 01.10.2015.

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EXHIBIT P5 THE TRUE COPY OF THE REQUEST DATED 01.01.2018 BY THE PETITIONER.

M/S.M.Y.Associates v. Executive Engineer

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M/S.M.Y.Associates v. Executive Engineer

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