Petitioner, a managing director awarded construction work, filed a writ petition aggrieved by delay in processing his bill. The Court directed the Superintendent Engineer to consider the representation and decide within three months.
First respondent directed to consider petitioner's representation for sanctioning the bill and decide within three months.
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 V.G.ARUN
FRIDAY, THE 24TH DAY OF JUNE 2022 / 3RD ASHADHA, 1944 WP(C) NO. 11181 OF 2022
PETITIONER/S:
P.B.KHABEER KHAN AGED 58 YEARS MANAGING DIRECTOR, M/S P.K CONSTRUCTION COMPANY, NEAR N.G.O. QUARTERS, MUVATTUPUZHA, ERNAKULAM DISTRICT, PIN - 686661 BY ADVS. AJEESH S.BRITE FRANCIS ASSISI STEPHY JOSEPH
RESPONDENT/S:
1 STATE OF KERALA REPRESENTED BY THE SECRETARY, PUBLIC WORKS DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 2 THE SUPERINTENDING ENGINEER PWD BRIDGES, SOUTH GRADE, VANDANAM P.O, ALAPPUZHA,, PIN - 681005 3 SUPERINTENDING ENGINEER ROADS & BRIDGES, CENTRAL CIRCLE, ALUVA, ERNAKULAM, PIN - 682301 4 THE ASSISTANT EXECUTIVE ENGINEER ROADS DIVISION, IDUKKI, THODUPUZHA, PIN - 685584 BY ADV PUBLIC PROSECUTOR
OTHER PRESENT:
GP AMMINIKUTTY K.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 24.06.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C) No.11181 of 2022
-2-
JUDGMENT
Dated this the 24th day of June, 2022
The petitioner was awarded the work of
construction of the Madakkathanam Bridge across
Thodupuzha river-3rd reach of NellapparaMadakkathanam road. The petitioner claims to have completed the work satisfactorily. The bill for the work has been submitted before the Assistant Executive Engineer. The petitioner is aggrieved by the delay in processing and sanctioning the amount due under the bill.
been called for from the Superintendent Engineer. Once the report is received, necessary action will be taken by the first respondent.
The writ petition is hence disposed of,
directing the first respondent to consider the
W.P.(C) No.11181 of 2022
-3-
petitioner's representation for sanctioning the
bill and take appropriate decision thereon within
three months.
Sd/-
V.G.ARUN JUDGE
Scl/24.06.2022
W.P.(C) No.11181 of 2022
-4-
APPENDIX OF WP(C) 11181/2022
| PETITIONER | EXHIBITS | |
|---|---|---|
| Exhibit1 | TRUE COPY OF THE DATED 20.02.2017 RESPONDENT |
SELECTION NOTICE ISSUED BY THE 2ND |
| Exhibit2 | TRUE COPY OF THE 06.04.2018 SUBMIT ASSISTANT ENGINEE |
REPRESENTATION DATED TED BEFORE THE R |
| Exhibit3 | TRUE COPY OF THE DATED 30.10.2018 2ND RESPONDENT |
SAID REPRESENTATION SUBMITTED BEFORE THE |
| Exhibit4 | TRUE COPY OF THE 04.10.2018 BY THE EXTENTION OF THE 20.10.2019 |
APPLICATION DATED PETITIONER SEEKING PERIOD UP TO |
| Exhibit5 | TRUE COPY OF THE 05.12.2018 AS PER THE PETITIONER |
LAWYER NOTICE DATED THE INSTRUCTION OF |
| Exhibit6 | TRUE COPY OF THE PETITIONER DATED BEFORE THE FIRST |
REPRESENTATION BY THE 15.07.2019 SUBMITTED RESPONDENT |
| Exhibit7 | TRUE COPY OF THE WP(C).NO.27709/20 |
JUDGMENT IN 19 DATED 21.11.2019 |
| Exhibit8 | TRUE COPY OF THE 20.12.2019 GIVEN BASED ON EXT.P7 J 1ST RESPONDENT |
REPRESENTATION DATED BY THE PETITIONER UDGMENT BEFORE THE |
| Exhibit9 | TRUE COPY OF THE 15.01.2022 BY THE THE 1ST RESPONDEN |
REPRESENTATION DATED PETITIONER BEFORE T |
1 issue framed by the court
Whether the respondent authorities are directed to process and sanction the bill for construction work within three months.
P.B. Khabeer Khan
State of Kerala
Superintending Engineer PWD Bridges, South Grade
Superintending Engineer Roads & Bridges, Central Circle
Assistant Executive Engineer Roads Division
V.G. Arun
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
