Court ordered timely processing of final bill payments while leaving security deposit claims open due to the defect liability period.

JUDGMENT

This writ petition is submitted by the petitioner seeking the following reliefs:

“i. Issue a writ of mandamus or other appropriate writs, order, or direction commanding the respondents to disburse the balance bill amount of Rs. 10 lakhs in respect of the work executed by the petitioner as per Ext. P1 and P2 work agreements forthwith.

ii. Issue a writ of mandamus or other appropriate writs, order, or direction commanding respondents to release the security amount of Rs. 2,44,640/- in respect of the work covered by Ext. P1 and P2 work agreements forthwith.

iii. To dispense the production of the English translation of Malayalam Exhibits, which is in vernacular language. iv. Issue such other order or direction as may be necessary in the facts and circumstances of the case.”

2. The filing of this writ petition is necessitated in view of the fact that, the amounts receivable by the petitioner towards the work, the petitioner had carried out for the construction of the Village Offices at Nayarambalam and Pallippuram, were not disbursed to the petitioner, despite the fact that the work was completed to the satisfaction of the respondents. Exts.P1 and P2 are the agreements executed between the 3^rd respondent and the petitioner for the said work. Respondent 2 was the implementing agency for the 1^st respondent and the 3^rd respondent is the Regional Engineer of the 2^nd respondent.

3. A counter affidavit has been submitted by the 2nd and 3rd respondents, wherein, it was pointed out that, the final bill could not be raised in view of the fact, the petitioner failed to execute the supplementary agreement in respect of some additional and incidental work relating to the work covered by the main contract.

4. It is reported that, subsequently, the petitioner entered into supplementary agreement as evidenced by Exts.P6 and P7, and according to the petitioner, the work based on the same is also completed. Now the petitioner relies on Exts.P10 and P11 completion reports submitted by the 3^rd respondent and also relies on Exts.P8 and P9 communications issued with final bills in respect of the works, which were already awarded by the

1^st respondent as early as on 03.02.2025 and 21.05.2025 respectively. As the final bill in relation to the aforesaid works are already approved by the 3^rd respondent and the payments are to be released by the 1^st respondent, it is for the 1^st respondent to process the same and release the eligible amount to the petitioner without any delay.

In such circumstances, this writ petition is disposed of directing the 1st respondent to process the final bill forwarded by the 3^rd respondent as evidenced by Exts.P8 and P9 and release the eligible amount to the petitioner as expeditiously as possible, at any rate within an outer limit of two months from the date of receipt of a copy of this judgment. With regard to the relief sought by the petitioner for release of the security deposit, the right of the petitioner to claim the same is left open, as it is pointed out that the defect liability period is not over.

Sd/-

ZIYAD RAHMAN A.A.

JUDGE