JUDGMENT

This Writ Petition is filed seeking following reliefs:

“(i) Issue a writ of Mandamus or other appropriate writs, orders or directions directing the respondents to sanction and disburse the amount due as per the bills submitted by the petitioner with respect to the work of construction of roads in PVTG Sectors of the state under NABAD Scheme of Schedule Tribe Development Department in Wayanad District vide agreement No.KSCDN13/2016 for which the work was completed by the petitioner as evidenced from Exhibits P-1to P-19 completion certificate along with interest forthwith or within a period of one month.

(ii) Issue a writ of Mandamus or other appropriate writs, orders or directions directing the 3rd respondent to consider Exhibits P-20, 21 and P-22 and to take steps for forthwith disbursement of the amount as per the bill for the construction completed by the petitioner pursuant to the agreement No.KSCDM13/2016 forthwith or within a time to be fixed by this Hon'ble Court.”

2. Heard the learned counsel for the petitioner, the learned standing counsel for the SIDCO and learned Government Pleader.

3. It is submitted by the learned counsel for the petitioner that the petitioner had carried out construction work of roads in respect of a project under the NABARD Scheme for the Particularly Vulnerable Tribunal Group Project of the 1 st respondent. It is stated that the petitioner had completed the work and had raised bills amounting to

Rs.23,60,03,604/-. It is stated that an amount of Rs.13,82,95,550/-had been paid to SIDCO by the 1 st respondent and out of which an amount or Rs.10,52,97,516/- had been paid by the SIDCO to the petitioner. It is submitted that a further amount of Rs.8,18,59,829/- had been paid by the 1 st respondent directly to the petitioner. It is submitted that the petitioner is to be paid further amounts from the SIDCO as well as the 1 st respondent since total amount in respect of which petitioner has raised bills amounts to Rs.23,60,03,604/-.

4. A counter affidavit has been placed on record by the respondent. Nos.2 and 3 . It is stated therein that the Government had accorded administrative sanction for the construction 37 rural roads in various vulnerable areas in the state and that the construction of 21 rural roads in Wayanad district had been entrusted to the petitioner by the SIDCO. It is stated that revised estimate of Rs.24,73,60,345/- for the 20 roads in question was prepared and sanction for the same was obtained by the 1 st respondent in 2017. It is stated that the work was started in 2016 and had completed in 2019 and that the expenditure for the work was Rs.25,54,97,502/-. It is submitted that the 1 st and part bill submitted by the petitioner was fully paid by the SIDCO. However, additional performance guarantee of Rs.66,63,640/- and

2.5% retention amount of Rs.19,70,673/- were retained which can be paid on getting sanction from the 1 st respondent. With regard to 2 nd and part bill it is submitted that 2.5% retention amount of

Rs.8,74,485/- alone was retained awaiting sanction from the 1 st respondent. In the third and part bill it is stated that Rs.10 lakhs was paid by the SIDCO and an amount of Rs.96,32,302/- has to be paid from the SIDCO to the petitioner. It is sated that the balance amount in the 3 rd and part bill is to be paid by the 1 st respondent and that the SIDCO has submitted all relevant documents and proceedings to the 1 st respondent on 05.02.2019 for release of payment to the petitioner. It is stated that further reminders for sanction to pay the retention amounts have also been addressed to the 1 st respondent but no reply is received. It is stated that the security deposit amount of

Rs.1,07,47,807/- can be released only after the five years defect liability period expires. It is further submitted by the learned standi