Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE T.R.RAVI THURSDAY, THE 6TH DAY OF JUNE 2024 / 16TH JYAISHTA, 1946 WP(C) NO. 11311 OF 2024 PETITIONER:
P T SREENIVASAN AGED 65 YEARS S/O P T MADHAVAN, PWD CONTRACTOR, THAYYIL HOUSE, CHELAVOOR P.O, KOZHIKODE, PIN - 673571 BY ADVS.
JOMY GEORGE R.PADMARAJ M.J.BENNY R.AJITH KUMAR [V.K.EDOM] SAJEEVAN V.T.
CHITRA N. DAS RISHAB S.
ASWIN ASHOK V.
ANJALI G KUTTY RESPONDENTS:
1 CHIEF ENGINEER NATIONAL HIGHWAY SECTION, PUBLIC WORKS DEPARTMENT, KOZHIKODE, PIN - 673006 2 SUPERINTENDING ENGINEER NATIONAL HIGHWAY SECTION, PUBLIC WORK DEPARTMENT, KOZHIKODE, PIN - 673006 3 ASSISTANT ENGINEER PUBLIC WORKS DEPARTMENT, NATIONAL HIGHWAY SECTION, KOZHIKODE, PIN - 673006 4 STATE OF KERALA REPRESENTED BY ITS SECRETARY PUBLIC WORKS DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANATHAPURAM, PIN - 695001 SRI. P.S. APPU.GP.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 11311 OF 2024 2 T.R. RAVI, J.
-------------------------------------------- W.P.C No. 11311 of 2024 -------------------------------------------- Dated this the 6th day of June, 2024 JUDGMENT The grievance of the petitioner is that the bill raised after carrying out the contract has not been honoured by the respondents.
2.
A counter affidavit has been filed by the 2nd respondent. Paragraphs 4 and 5 of the counter affidavit read thus:
4.
“As per the original estimate GST was calculate at the rate 12% Vide G.O(P) No.82/2022/TAXES dated 18.07.2022, rate of GST has been enhance to 18%. Thus, there was a hike of 6% on revised estimate. When the contract amount is revised, taking into the additional works, the revised technical sanction would come to Rs.2,10,37,000/- instead of Rs.1,99,95,000. The request has been sent to the Government in this regard vide letter dated 07.09.2023. As per order dated 30.11.2023, sanction has been granted for an amount of Rs.2,02,59,000/- at agreed rate. But the Revised Estimate could not be approved in PRICE portal. Therefore another request has been forwarded to the Government for administrative sanction and technical sanction for the revised amount. But the Government had issued a letter on 01.03.2024 stating that the PRICE
WP(C) NO. 11311 OF 2024 3 software is being modified to approved revised estimate on agreed rate. But there is no option in PRICE software for submitting the estimate at Agreed rate. Hence complaint has been send to the PRICE software on 05.03.2024. On 12.03.2024, a reply has been given from the PRICE software intimating that the Government orders have to be uploaded to approve the revised estimate at agreed rate. A true copy of the screen shot of said communication extract from the computer screen is attached herewith and marked as Exhibit R2(a).
5.
It is submitted that the final bill can be generated only after revised estimate is approved. A letter of reminder was also sent to the Government from the office of the Chief Engineer, PWD National Highway. True copy of such letter dated 1.04.2024 is produced herewith and marked as Exhibit R2(b). A reply in this regard is awaited and the final bill can be given to the petitioner only after obtaining orders from the Government”.
3.
It can be seen from paragraph 4 above, that the difficulty expressed is technical. It can also be seen from Ext.
R2(b) that the 4th respondent has to approve the payment.
In the above circumstances, this writ petition is disposed of with the following directions:
(i). The 4th respondent shall consider Ext.R2(b) and pass necessary orders at the earliest, at any rate, within a period of one month from the date of receipt of a copy of this judgment.
WP(C) NO. 11311 OF 2024 4 (ii) On the issuance of orders by the 4th respondent, the 2nd respondent shall ensure that the payment is made within three months thereafter.
Sd/- T.R.RAVI JUDGE LEK
WP(C) NO. 11311 OF 2024 5 APPENDIX OF WP(C) 11311/2024 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE AGREEMENT HAVING NO.01/2022-23/SE/NH/KKD DATED 06.05.2022 Exhibit P2 THE TRUE COPY OF THE WORK COMPLETION CERTIFICATE DATED 19.06.2023 ISSUED BY THE 2ND RESPONDENT Exhibit P3 TRUE COPY OF THE GENERAL BILL SANCTIONED BY THE RESPONDENTS AS ON 04.07.2023 Exhibit P4 TRUE COPY OF THE PROCEEDINGS AS GIVEN IN PRICE 3 SOFTWARE FROM 08.11.2022 TO 11.03.2024 Exhibit P5 TRUE COPY OF THE ORDER ISSUED BY THE DEPUTY
SECRETARY
OF
THE
PWD, THIRUVANATHAPURAM DATED 30.11.2023 Exhibit P6 TRUE COPY OF THE LETTER SUBMITTED BY THE PETITIONER INVOKING RIGHT TO INFORMATION ACT TO THE RIGHT TO INFORMATION OFFICER OF THE PWD NH DIVISION, KOZHIKODE DATED 12.03.2024 RESPONDENT EXHIBITS EXHIBIT R2(a) TRUE COPY OF THE SCREEN SHOT OF THE COMMUNICATION EXTRACTED FROM THE COMPUTER SCREEN EXHIBIT R2(b) TRUE COPY OF THE LETTER DATED 01.04.2024 FROM THE OFFICE OF THE CHIEF ENGINEER ,PWD NATIONAL HIGHWAY TO THE GOVERNMENT