Government must decide payment release to contractor post-vigilance enquiry report, after hearing petitioner.

JUDGMENT

The petitioner is a PWD Contractor, who had undertook the work relating to the construction of General -College of Engineering, TVM- Providing Leak proofing treatment to the main building of College of Engineering, Trivandrum-General Civil Work.

2. The grievance of the petitioner is that, even though the petitioner completed the work, amounts payable to the petitioner has not been released so far. It is in these circumstances, this writ petition is submitted by the petitioner seeking the following reliefs:

“i) Issue a writ of mandamus or writ of similar nature or order or direction commanding the respondents to disburse the bill amount of Rs. 89,14,570/- (Eighty Nine Lakhs Fourteen Thousand Five Hundred and Seventy only) with respect to the work of construction of “General- Collage of Engineering, Tvm- Providing Leak proofing treatment to the main building of collage of engineering, Trivandrum- General Civil Work”, forthwith;

ii) To issue a writ of mandamus or writ of similar nature or order or direction commanding the respondents to pay the interest at the rate of 18% of the amount due to the petitioner forthwith;

iii) The petitioner may be permitted to dispense with the filing of translation of vernacular documents.

iv) Issue such other writ order or direction as this Hon'ble Court may deem fit and proper in the interest of justice.

3. Earlier, the learned Government Pleader produced the copy of the minutes of the meeting held on 29.10.2025 at the Chamber of Chief Engineer, wherein certain decisions have been taken. It is discernible from the same that, a Vigilance Enquiry is pending in respect of the work carried out by the petitioner.

4. Today when the matter came up for consideration, the learned Government Pleader upon instruction submitted that, now the Vigilance had completed the enquiry and submitted a report before the Government, which is pending consideration.

5. In such circumstances, as the only impediment in releasing the amount to the petitioner is the Vigilance Enquiry and now a report has been submitted by the Vigilance before the Government, it is only proper that a decision as to the release of the payment of the petitioner to be taken by the Government. Accordingly, this writ petition is disposed of directing the petitioner to submit a representation before the 1^st respondent within a period of two weeks from the date of receipt of a copy of the same and thereafter, the 1^st respondent shall take a decision on the same, taking note of the findings in the report referred to above and also after giving the petitioner an opportunity for being heard. Such a decision shall be taken within a period of two months from the date of receipt of a copy of the representation.