The duty of public authorities to release payments within a reasonable time frame for completed contractual obligations is affirmed.

JUDGMENT

This writ petition is submitted by the petitioner, a civil contractor who entered into an agreement with the 2^nd respondent-Municipality, as evidenced by Ext.P3 agreement dated 19.03.2020, for the purpose of construction of a Science Lab and staircase in GMGHS, Thiruvalla. The site was handed over to the petitioner on 16.02.2021, and the petitioner had completed the work on 28.09.2021, which was within the tenure of the contract. Ext.P8 is the completion certificate evidencing the same. Thereafter, Ext.P9 bill was raised as the final bill for the remaining amount to be paid, which comes to Rs.3,05,000/-. The grievance of the petitioner is that, despite the fact that Ext.P9 was issued as early as on 19.01.2022, the amounts covered by the same are not disbursed so far, despite repeated requests and reminders. This writ petition is submitted by the petitioner in such circumstances seeking the following reliefs:

“(i) issue a writ of mandamus or any other appropriate writ, order or direction commanding respondents 2 to 4 to release the payment of Rs.3,05,000/- (Rupees Three Lakhs Five Thousand only) due to the petitioner for the construction of the Science Lab and Staircase at GMGHS, Thiruvalla together with interest at 12% per annum from the date of completion of the work till realization;

(ii) issue an appropriate order to dispense with the production of the English Translation of the documents which are in the vernacular language; and (iii) to issue such other reliefs as this Hon’ble Court deems fit and proper to grant in the facts and circumstances of the case.”

2. A statement has been submitted by the learned Standing Counsel for the respondents 2 to 4. In the said statement, the entitlement of the petitioner to get the amount of Rs.3,05,000/- as specified in Ext.P9 bill is admitted. According to the said respondents, the amounts were to be spent under a scheme of Samagra Shiksha Abhiyan of the Government, and the additional 5^th respondent is the competent officer to sanction the same. It is pointed out that the Municipality has already forwarded the bill and the necessary documents to the additional 5^th respondent for sanctioning the amounts. Along with the statement Ext.R2(1) and R2(2) communications were produced which were issued by the Municipality to the additional 5^th respondent for processing the bills.

3. After hearing the learned counsel for the petitioner, the learned Government Pleader for the 1^st and 5^th respondents, the learned Standing Counsel for the respondents 2 to 4, I am of the view that, since the entitlement of the petitioner to get the amount is admitted, the writ petition can be disposed of, with appropriate directions. It is evident from Ext.P8 that, the same was submitted as early as on 19.01.2022 and even now the amounts are not disbursed. In the absence of any objection with regard to the right of the petitioner to receive the said amount, the delay in disbursing the same is not at all justifiable.

In such circumstances, this writ petition is disposed of, directing the respondents 2 to 5 to ensure that the amount payable to the petitioner is released within a period of three months from the date of receipt of a copy of this judgment.

Sd/-