The petitioner, a contractor, filed a writ petition seeking payment for delay in disbursing a bill worth approx. Rs. 31.68 lakhs. The court directed the respondents to complete payment within six weeks.
Directing respondent 1 and 2 to disburse the amount due to the petitioner under Exhibit P1 work bill within six weeks.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
MONDAY, THE 22ND DAY OF JULY 2024 / 31ST ASHADHA, 1946
WP(C) NO. 14149 OF 2024
PETITIONER:
GEORGE MATHEW AGED 66 YEARS S/O. MATHEW, CONTRACTOR,
THURUTHUKANDATHIL HOUSE, KIZHUMURI P.O., RAMAMANGALAM-
VIA, ERNAKULAM DISTRICT., PIN - 686663
BY ADVS. BABU JOSEPH KURUVATHAZHA ARCHANA K.S.
MOHAMMED SHAFI.K NOEL EALIAS
RESPONDENTS:
1 KERALA LAND DEVELOPMENT CORPORATION LIMITED T.C.11/570, BAINS COMPOUND, MUSEUM, KOWDIAR P.O., THIRUVANANTHAPURAM, REPRESENTED BY ITS MANAGING DIRECTOR., PIN - 6950332 CONSTRUCTION ENGINEER KLDC LIMITED, 28/747, SABARI GARDENS, CHANDANAKAVU, ALAPPUZHA., PIN - 6880113 STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, DEPARTMENT OF AGRICULTURE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM., PIN - 695001SRI. P.S. APPU, GP.
SRI. M. KABANI DINESH, R1 &R2.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
22.07.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C)No.14149 OF 2024
2
JUDGMENT
Dated this the 22nd day of July, 2024
The petitioner, a Contractor with ‘A’ Class
registration, had undertaken certain works awarded by the 1st respondent. The petitioner is aggrieved by the delay in disbursing the amounts due to him as per Exhibit P1 work bill.
as to the time limit within which the bill amount can be disbursed.
the process for disbursing the bill amount has commenced, and will be completed without much delay.
W.P.(C)No.14149 OF 2024
3
petition is disposed of, directing respondents 1 and 2 to disburse the amount due to the petitioner under
Exhibit P1 work bill within six weeks from today.
Ordered accordingly.
Sd/V.G.ARUN JUDGE
SSK/22/07
W.P.(C)No.14149 OF 2024
4
APPENDIX OF WP(C) 14149/2024
PETITIONER EXHIBITS
Exhibit P1TRUE COPY OF THE RELEVANT PAGES OF THE BILL
REGISTER NO.23/23-24, PERTAINING TO THE
REGISTRATION OF 4TH PART BILL, WORTH
RS.31,68,119/-.
Exhibit P2TRUE COPY OF THE REPRESENTATION DATED 18.03.2024
SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENTS
1 AND 2.
Exhibit P3TRUE COPY OF THE JUDGMENT DATED 18.9.2002 IN O.P.
NO.25741/2002 OF THIS HON'BLE COURT.
Exhibit P4TRUE COPY OF THE JUDGMENT DATED 25.6.2004 IN CONT.
CASE (C) NO.379/2004 OF THIS HON'BLE COURT.
Exhibit P5TRUE COPY OF THE ORDER DATED 4.5.2005 IN CIVIL
APPEAL NO.3148/2005 OF THE HON'BLE SUPREME COURT OF
INDIA.
Exhibit P6TRUE COPY OF THE ORDER DATED 10.5.2005 IN SPECIAL
LEAVE TO APPEAL (CIVIL) NO.9780/2005 AND CONNECTED
CASES OF THE HON'BLE SUPREME COURT OF INDIA.
SSK //TRUE COPY// PA TO JUDGE
1 issue framed by the court
Whether the respondent corporations are directed to disburse the delayed payment due to the petitioner contractor?
George Mathew
Kerala Land Development Corporation Limited
Construction Engineer KLDCL Limited
State of Kerala
V.G. Arun
Justice V.G. Arun
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court