P T Sreenivasan vs. Chief Engineer

WP(C)/11311/2024HC KeralaGSTCNR KLHC01093318202406 June 2024Bench: HONOURABLE MR. JUSTICE T.R.RAVI5 pages
For Petitioner: 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
AI SummaryAllowed

Held

The High Court directed the State's PWD Secretary to consider the Chief Engineer's request for revised estimate approval and pass necessary orders within one month. Subsequently, the Superintending Engineer was mandated to ensure payment of the final bill to the petitioner within three months of the Secretary's order.

Facts

A PWD contractor sought payment for a completed contract, but the final bill remained unpaid due to administrative and technical hurdles. The respondents stated that a revised estimate, incorporating an increased GST rate and additional works, required government approval and modifications to the PRICE software before the bill could be generated.

Key Issues

The key legal issue was the delay in payment of a contractor's final bill, stemming from administrative processes for approving a revised estimate that accounted for an increased GST rate and technical difficulties with the government's payment software.

Sections Cited

None

AI-generated summary — verify with the full judgment below

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 J

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