A Government contractor sought payment of the balance of Rs.16,99,116/- on a bill for completed retaining wall reconstruction work. The court directed the Chief Engineer to consider the petitioner's representation and pass a reasoned order within two months after hearing him, and to disburse eligible amounts if the claim is well founded.
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W.P.(C)No.22606 of 2024
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
THURSDAY, THE 11TH DAY OF JULY 2024 / 20TH ASHADHA, 1946
WP(C) NO. 22606 OF 2024
PETITIONER:
JACOB PAUL N.
AGED 63 YEARS, S/O.NELSON PAUL,
P.W.D. CONTRACTOR, MANEECKAL - NETTIRA
KONATHU VEEDU, VITTIYAM, PEYAD P.O.,
THIRUVANANTHAPURAM, PIN – 695 573.
BY ADV AJITH KRISHNAN
RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT, PUBLIC WORKS DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN – 695 0012 THE CHIEF ENGINEER PUBLIC WORKS DEPARTMENT P.W.D. ROADS, PUBLIC OFFICE, THIRUVANANTHAPURAM, PIN – 695 0333 THE EXECUTIVE ENGINEER PUBLIC WORKS DEPARTMENT, ROADS DIVISION, THIRUVANANTHAPURAM, PIN – 695 0334 ASSISTANT EXECUTIVE ENGINEER P.W.D. ROADS SUB DIVISION, THIRUVANANTHAPURAM, PIN – 695 033OTHER PRESENT:
SRI. SUNILKUMAR KURIAKOSE, SR. GP.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 11.07.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C)No.22606 of 2024
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JUDGMENT
Dated this the 11th day of July, 2024
The petitioner, a Government contractor, had undertaken the emergency deposits work “SLTF-2019-20 Urgent reconstruction of collapsed retaining wall at (Malayam) in Malayinkeezhu – Pappanamcode road ch 3/00 and side protection works at ch 4/600.” The petitioner completed the work within the stipulated time and raised a bill for Rs.19,86,000/- (including revised estimates). Out of that bill amount, Rs.2,86,884/- was paid and Rs.16,99,116/- is in balance. As payment of the balance amount was getting delayed, the petitioner submitted Exhibit P5 representation, with specific reference to Exhibit P4 M Book. The authority having failed to consider Exhibit P5 representation, this writ petition is filed.
representation detailing his grievance along with documents, it
W.P.(C)No.22606 of 2024
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is obligatory for the authority to consider the same and take a reasoned decision thereon.
The writ petition is hence disposed of, directing the 2nd respondent to consider Exhibit P5 and pass appropriate orders thereon. If, on such consideration, the authority finds the claim to be well founded, steps may be taken to disburse the eligible amount without delay. The order, as directed above, shall be passed within two months, after affording an opportunity of hearing to the petitioner.
Sd/-
V.G. Arun Judge
vpv
W.P.(C)No.22606 of 2024
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APPENDIX OF WP(C) 22606/2024
PETITIONER EXHIBITS
Exhibit - P1TRUE COPY OF THE SELECTION NOTICE DTD.
7/9/2020, ISSUED BY THE 3RD RESPONDENT
TO THE PETITIONER.
Exhibit - P2TRUE COPY OF THE WORK SCHEDULE ISSUED
TO THE PETITIONER.
Exhibit - P3TRUE COPY OF THE RELEVANT PAGES OF THE
AGREEMENTNO.53/EE/2020-21,DTD.
6/10/2020.
Exhibit - P4TRUE COPY OF THE RELEVANT PAGES OF THE
M BOOK ABSTRACT (SPEC WISE) APPROVED BY
THE RESPONDENTS.
Exhibit - P5TRUE COPY OF THE REPRESENTATION DTD.
6/5/2024 SUBMITTED BY THE PETITIONER,
BEFORE THE RESPONDENTS.
1 issue framed by the court
Whether the authority was obliged to consider the petitioner's representation seeking payment of the balance bill amount for completed PWD work.
Jacob Paul N.
State of Kerala represented by Secretary to Government, Public Works Department
The Chief Engineer, Public Works Department, P.W.D. Roads
The Executive Engineer, Public Works Department, Roads Division
Assistant Executive Engineer, P.W.D. Roads Sub Division
V.G. Arun
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court