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2019 Supreme(Online)(KER) 61736

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.

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