Petitioner, a government contractor, filed a writ petition for non-payment of a final bill for completed work. The Court disposed of the petition by directing the Executive Engineer to consider the petitioner's representation within six weeks.
Directed the 2nd respondent to consider Ext.P13(g) representation submitted by the petitioner within 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.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY, THE 17TH DAY OF FEBRUARY 2022/28TH MAGHA, 1943 WP(C) NO. 2924 OF 2022
PETITIONER:
PRADEEP P., AGED 54 YEARS S/O. PUSHKARAN, PUNARTHAM, KOOTTIKADA P.O., KOLLAM-691020.
BY ADVS. JAYAPRADEEP.V ANN SUSAN GEORGE D.S.LOKANATHAN ALAN PRIYADARSHI DEV
RESPONDENTS:
BY SRI.K.V.MANOJKUMAR, SR. GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17.02.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.2924/2022
: 2 :
N. NAGARESH, J.
Dated this the 17th day of February, 2022
J U D G M E N T
~ ~ ~ ~ ~ ~ ~ ~ ~
The petitioner, who is a Government Contractor, states that he completed the work entrusted to him in Ext.P8. The building constructed in pursuance of the said contract was inaugurated by the Minister on 28.09.2018. The petitioner submitted various bills. Only two Part Bills were paid, that too after inordinate delay. The Final Bill has not been honoured so far. In such circumstances, the petitioner has filed the writ petition with a prayer to declare that the respondents are duty bound to pay the final bill relating to Ext.P8 with 18% interest per annum.
W.P.(C) No.2924/2022
: 3 :
works were completed long back in the year 2018 and amount is not paid. The petitioner will be satisfied if the Executive Engineer is directed to consider Ext.P13(g) representation filed by the petitioner.
In the circumstances of the case, the writ petition is disposed of directing the 2nd respondent to consider Ext.P13(g) representation submitted by the petitioner, within
a period of six weeks.
Sd/-
N. NAGARESH, JUDGE
aks/17.02.2022
W.P.(C) No.2924/2022
: 4 :
APPENDIX OF WP(C) 2924/2022
PETITIONER'S EXHIBITS
| Exhibit P1 | COPY OF TH | E LE | TTE | R OF | COMPLETI | ON AND |
|---|---|---|---|---|---|---|
| HANDING OV | ER | OF | THE B | UILDING | DATED | |
| 25/09/2018. | ||||||
| Exhibit P2 | COPY OF INAUGURATIO |
THE N ST |
P ONE. |
HOTOGR |
APH OF | THE |
| Exhibit P3 | COPY OF THE | INA | UGUR | ATION | NOTICE. | |
| Exhibit P4 | COPY OF TH DAILY ON 29 |
E NE /09/ |
WS 2018 |
ITEM . |
IN MATHR | UBHUMI |
| Exhibit P5 | COPY OF 07/08/2015. |
THE | TE | NDER | NOTICE | DATED |
| Exhibit P6 | COPY OF 27/10/2015. |
THE | TE | NDER | NOTICE | DATED |
| Exhibit P7 | COPY OF 26/05/2016. |
THE | TE | NDER | NOTICE | DATED |
| Exhibit P8 | COPY OF 03/11/2016. |
T | HE | AGRE | EMENT | DATED |
| Exhibit P9 | COPY OF THE | M-B | OOK | VOLUM | E I. | |
| Exhibit P10 | COPY OF THE | M-B | OOK | VOLUM | E II. | |
| Exhibit P11 | COPY OF TH ISSUED BY PETITIONER. |
E L THE |
ETT 4TH |
ER DA RESP |
TED 04/1 ONDENT |
1/2017 TO THE |
| Exhibit P11(A) | COPY OF TH ISSUED BY PETITIONER. |
E L THE |
ETT 4TH |
ER DA RESP |
TED 28/0 ONDENT |
3/2018 TO THE |
| Exhibit P12 | COPY OF 08/03/2018. |
THE | PA | YMENT | ORDER | DATED |
| Exhibit P12(A) | COPY OF 09/08/2018. |
THE | P | AYMENT | ODER | DATED |
| Exhibit P12(B) | COPY OF 15/11/2018. |
THE | PA | YMENT | ORDER | DATED |
| Exhibit P12(C) | COPY OF 16/08/2019. |
THE | PA | YMENT | ORDER | DATED |
| Exhibit P13 | COPY OF THE | LET | TER | DATED | 28/11/2 | 017. |
| Exhibit P13(A) | COPY OF THE | LET | TER | DATED | 11/12/2 | 017. |
| Exhibit P13(B) | COPY OF THE | LET | TER | DATED | 20/03/2 | 018. |
| Exhibit P13(C) | COPY OF THE | LET | TER | DATED | 17/06/2 | 018. |
| Exhibit P13(D) | COPY OF THE | LET | TER | DATED | 02/08/2 | 017. |
W.P.(C) No.2924/2022
: 5 :
Exhibit P13(E) COPY OF THE LETTER DATED 14/06/2018. Exhibit P13(F) COPY OF THE LETTER DATED 03/02/2020. Exhibit P13(G) COPY OF THE LETTER DATED 09/12/2021. Exhibit P13(H) COPY OF THE POSTAL RECEIPTS DATED 20/03/2018. Exhibit P14 COPY OF THE ORDER DATED 22/11/2021.
2 issues framed by the court
Whether the petitioner, a government contractor, is entitled to a writ direction for payment of unpaid final bill and interest.
Whether the writ petition involving a contractual dispute can be disposed of by directing the concerned officer to consider a representation.
Pradeep P.
State of Kerala
The Executive Engineer, Public Works Buildings Division
Assistant Executive Engineer
Assistant Engineer
Superintending Engineer
N. NAGARESH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
