IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
THURSDAY, THE 27TH DAY OF JUNE 2019 / 6TH ASHADHA, 1941
WP(C).No.12963 of 2019
PETITIONER/S:
GEORGE.M.PHILIP,
AGED 59 YEARS,
S/O. M.P PHILIPOSE, CONTRACTOR, MUTTUMTHARAPADICKAL
HOUSE, PARAMPUZHA P.O, KOTTAYAM 4
BY ADV. SRI.BABU JOSEPH KURUVATHAZHA
RESPONDENT/S:
1
STATE OF KERALA,
REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
DEPARTMENT OF PUBLIC WORKS, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM 695 001
2
CHIEF ENGINEER,
PWD (ROADS AND BRIDGES), PUBLIC OFFICES, MUSEUM P.O,
THIRUVANANTHAPURAM 695 033
3
SUPERINTENDING ENGINEER,
P.W.D (ROADS AND BRIDGES) SOUTH CIRCLE, PUBLIC
OFFICES, MUSEUM P.O, THIRUVANANTHAPURAM 695 033.
4
EXECUTIVE ENGINEER,
P.W.D (ROADS DIVISION), ALAPPUZHA 688 001
R1 TO R4 BY SR.GP,SRI.K.V.MANOJKUMAR
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
27.06.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.12963 of 2019 2
Petitioner is a contractor, registered with the
PWD department and other departments. Petitioner has
executed a work namely, Thalavady-Edathua-Muttar Road
under the OTM-Village Road ODR 2015-16 scheme
executing an agreement and completed the work to the
satisfaction of the respondents.
2. The case projected by the petitioner is that,
in spite of earnest efforts made by the petitioner,
the amounts due under part bill is not released to
the petitioner.
3. A detailed statement is filed, refuting the
allegations and claims and demands raised by the
petitioner.
4. However I find that, there is no much dispute
with respect to the bill raised by the petitioner,
and the dispute is with respect to the issue raised
by the petitioner that, the amounts due is a deposit
work. Since the amounts are not disputed, I think it
is only appropriate that necessary directions are
issued, to take into account, Ext.P9 Order issued by
the Additional Chief Secretary to the Chief Engineer
dated 17.06.2019, directing to take appropriate
WP(C).No.12963 of 2019 3
action at the earliest possible.
5. Having heard learned counsel for the
petitioner and learned Senior Government Pleader and
perusing the pleadings and the documents on record,
there will be a direction to the 4th respondent to
finalize the proceedings as is pointed out in
Ext.P10, taking into account Ext.P9 Government Order,
at the earliest possible and at any rate, within a
month from the date of receipt of a copy of this
judgment.
6. I make it clear that, if there are no legal
inhibitions standing in the wary, the amounts shall
be released to the petitioner at the earliest
possible thereafter.
The writ petition is disposed of accordingly.
Sd/-
SHAJI P.CHALY
JUDGE
uu
27.06.2019
WP(C).No.12963 of 2019 4
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1
TRUE COPY OF THE RELEVANT PAGE OF THE
PROCEEDING FORWARDED BY THE DIVISIONAL
ACCOUNTANT, ATTACHED TO THE OFFICE OF
THE 4TH RESPONDENT, DETAILING THE
REGISTRATION OF THE BILL IN CONNECTION
WITH THE AGREEMENT NO.
129/SESC/ALY/2015-16 DATED 14-09-2015
EXHIBIT P2
TRUE COPY OF THE REPRESENTATION DATED
17-4-2019 SUBMITTED BY MR. KURIAKOSE I
MATHAI BEFORE THE 4TH RESPONDENT
EXHIBIT P3
TRUE TYPED COPY OF THE REPRESENTATION
DATED 18-11-2018 SUBMITTED BY THE
PETITIONER BEFORE THE RESPONDENTS.
EXHIBIT P4
TRUE COPY OF THE MARRIAGE INVITATION
CARD OF THE PETITIONER'S DAUGHTER
NAMELY ANJALY WITH VINCENT.
EXHIBIT P5
TRUE TYPED COPY OF THE REPRESENTATION
DATED 22-04-2019 SUBMITTED BY THE
PETITIONER BEFORE THE RESPONDENTS.
EXHIBIT P6 TRUE COPY OF G.O.(RT)NO.3207/2016/FIN.
DATED 30.3.2016 ISSUED BY THE
GOVERNMENT.
EXHIBIT P7 TRUE COPY OF THE PROCEEDING NO,FR2-
7525/2017 DATED 29.6.2017 OF THE 2ND
RESPONDENT, FORWARDED TO THE 4TH
RESPONDENT
EXHIBIT P7 TRUE COPY OF THE PROCEEDINGS NO.FR2-
7525/2017 DATED 29.6.2017 OF THE 2ND
RESPONDENT, FORWARDED TO THE 4TH
RESPONDENT.
EXHIBIT P8 TRUE COPY OF THE REPRESENTATION DATED
10.6.2019 SUBMITTED BY THE PETITIONER
BEFORE THE PRINCIPAL SECRETARY,
DEPARTMENT OF FINANCE
EXHIBIT P9 TRUE COPY OF THE LETTER DATED
17.6.2019 ISSUED BY THE ADDITIONAL
CHIEF SECRETARY CUM PRINCIPAL
SECRETARY, DEPARTMENT OF FINANCE
UNDER THE 1ST RESPONDENT TO THE 2ND
WP(C).No.12963 of 2019 5
RESPONDENT.
EXHIBIT P10 TRUE COPY OF THE DIRECTION DATED
17.6.2019 ISSUED BY THE 2ND
RESPONDENT TO THE 4TH RESPONDENT.
RESPONDENT'S EXHIBITS:-
ANNEXURE R(4)a TRUE COPY OF THE CLOSING SHEET OF EFD
AND PART BILL.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.