Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN THURSDAY, THE 1ST DAY OF FEBRUARY 2024 / 12TH MAGHA, 1945 WP(C) NO. 3783 OF 2024 PETITIONER(S):
SABU P R, AGED 50 YEARS S/O RAGHAVAN,AROTHIPARAMBIL HOUSE, KAITHARAM PO, NORTH PARUR, ERNAKULAM, PIN – 683519 BY ADV K.V.RASHMI RESPONDENT(S):
1 ASSISTANT EXECUTIVE ENGINEER, ERNAKULAM DISTRICT PANCHAYAT OFFICE, NEAR AIRPORT ROAD, CIVIL STATION, THRIKKAKARA, KAKKANAD, KERALA, PIN – 682030 2 ASSISTANT EXECUTIVE ENGINEER, EDAPALLY BLOCK PANCHAYAT, MUNDIYATH ROAD, CHERANALLORE, EDAPALLY, KERALA, PIN – 683544 3 ASSISTANT ENGINEER, ELANKUNNAPUZHA GRAMA PANCHAYAT, PANCHAYAT OFFICE, VYPIN, KOCHI, KERALA, PIN – 682011 4 ERNAKULAM DISTRICT PANCHAYAT OFFICE, NEAR AIRPORT ROAD, CIVIL STATION, THRIKKAKARA, KAKKANAD, KERALA ,REP. BY ITS SECRETARY., PIN – 682030 SRI.SYED MURTHALA THANGAL – GP SRI.BENZIR.P.M., SC FOR R3 SRI.MOHAMMAD ZIYAD, SC FOR R4 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 3783 OF 2024 2 JUDGMENT This writ petition is filed with the following prayers:
“I) A Writ of Mandamus or any other appropriate writ, order or direction, directing the 1st respondent to sanction the complete final bills raised on the work covered vide Ext. P1 plus GST at 18% for the period taking into account the revised bills submitted by the 3rd respondent along with the reasonable bank interest for the delay occurred in payment, forthwith, ii) A writ of mandamus or any other appropriate writ, order or direction, directing the 1 to 3 respondents to conduct the measurement of the entire project and submit a fresh bill as the finalized bills are disputed by the petitioner, within a time limit fixed by this Hon’ble Court, iii) A writ of mandamus or any other appropriate writ, order or direction, directing the 1st respondent to consider and pass appropriate orders on Ext. P4 review petition submitted by the petitioner and report the decision before this Hon’ble Court, within a time frame fixed by this Hon’ble Court, iv) To grant such other reliefs sought from time to time including the cost of this proceeding.
v) Dispense with filing of the translation of vernacular documents.” 2.
This writ petition is filed to consider Ext.P4 which is a review petition to review Ext.P3 by the 2nd respondent.
WP(C) NO. 3783 OF 2024 3 3.
After hearing both sides, I think there can be a direction to the 2nd respondent to consider Ext.P4 within a time frame. I make it clear that I have not consider the matter on merit and 2nd respondent is free to pass appropriate orders in accordance with law including the maintainability of the same.
4.
Therefore, this writ petition is disposed of with the following directions:
1.
The 2nd respondent is directed to consider and pass appropriate orders in Ext.P4, as expeditiously as possible, at any rate, within six weeks from the date of receipt of a copy of this judgment.
2.
I make it clear that I am not consider the matter on merit and the 2nd respondent is free to pass appropriate orders in accordance with law.
Sd/- P.V.KUNHIKRISHNAN JUDGE nak
WP(C) NO. 3783 OF 2024 4 APPENDIX OF WP(C) 3783/2024 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE AGREEMENT DATED 31.03.2022 Exhibit P2 A TRUE COPY OF THE REPRESENTATION DATED 23.06.2023 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT Exhibit P3 A TRUE COPY OF THE COMMUNICATION DATED 06.07.2023 ISSUED BY THE 1ST RESPONDENT Exhibit P4 A TRUE COPY OF THE REVIEW PETITION DATED 21.07.2023 SUBMITTED BEFORE THE 1ST RESPONDENT'S OFFICE