Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN FRIDAY, THE 17TH DAY OF NOVEMBER 2023 / 26TH KARTHIKA, 1945 WP(C) NO. 37290 OF 2023 PETITIONER:
SHAJI JOSEPH, AGED 58 YEARS, S/O. LATE JOSEPH, ELAVATHIL HOUSE, MUTTUCHIRA. P.O., KOTTAYAM, PIN – 686611.
BY ADVS.SAJU JOHN JELSON J.EDAMPADAM RESPONDENTS:
1 STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, PUBLIC WORKS DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN – 695001.
2 STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, HEALTH AND FAMILY WELFARE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN – 695001.
3 THE SUPERINTENDING ENGINEER, OFFICE OF THE SUPERINTENDING ENGINEER, PWD BUILDINGS, SOUTH CIRCLE, THIRUVANANTHAPURAM:
695033, PIN – 695033.
4 THE EXECUTIVE ENGINEER, OFFICE OF THE EXECUTIVE ENGINEER, PWD BUILDINGS DIVISION, KOTTAYAM, PIN – 686002.
5 THE ASSISTANT EXECUTIVE ENGINEER, PWD BUILDINGS SUB DIVISION, PALA, KOTTAYAM, PIN – 686575.
BY ADV.SRI.SUNIL KUMAR KURIAKOSE, GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17.11.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 37290 OF 2023 -2- JUDGMENT The petitioner says that, even though his final bill to a sum of Rs.82,57,481/-, along with the applicable GST, with respect to a contract which he has entered into with the 3rd respondent, has been fully approved by the competent Authority through Ext.P4, the said sums have not yet been disbursed to him. He, therefore, prays that the Authorities be directed to disburse him the said amount, along with interest at the rate of 18% per annum, from the date on which it became due until it is paid.
2.
In response to the afore submissions of Sri.Jelson J.Edampadam – learned counsel for the petitioner, Sri.Sunil Kumar Kuriakose – learned Government Pleader, submitted that he does not have instructions whether any objections have been raised against the petitioner with respect
WP(C) NO. 37290 OF 2023 -3- to his work and if any enquiry on the same is pending. He submitted that, therefore, if this Court is so inclined, the 2nd respondent- Secretary to Government, Health and Family Welfare Department, is willing to hear the petitioner and take a decision on disbursement of the amount claimed by him through Ext.P4, subject to any enquiries or objections that may be pending.
3.
I must say that the afore suggestion of the learned Government Pleader is the best available to the petitioner in the given circumstances.
Resultantly, I direct the aforementioned Secretary to Government to take up Ext.P4 bill of the petitioner, after affording him an opportunity of being heard; thus culminating in an appropriate order and necessary action as to its payments, as expeditiously as is possible,
WP(C) NO. 37290 OF 2023 -4- but not later than two months from the date of receipt of a copy of this judgment.
Needless to say, if, through the afore exercise, the amounts covered by Ext.P4 or its portion, are found eligible to the petitioner, same shall be disbursed to him within a period of two months thereafter, failing which, it will carry interest at the rate of 6% per annum from the date on which it became due, until it is paid.
It also goes without saying that, if the amounts as afore are not paid, or if the amounts are to be found ineligible to the petitioner, his remedy to recover the same, along with interest, through other alternative Forums as reserved; for which, all contentions are also left unanswered.
Sd/- DEVAN RAMACHANDRAN akv JUDGE
WP(C) NO. 37290 OF 2023 -5- APPENDIX OF WP(C) 37290/2023 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE AGREEMENT DATED 20.08.2020 EXECUTED BETWEEN THE PETITIONER AND THE 3RD RESPONDENT EXHIBIT P2 TRUE COPY OF THE TECHNICAL SANCTION ORDER NO. KTM/2020-2021/BL/2017/7883 DATED 14.05.2020 ISSUED BY THE 3RD RESPONDENT EXHIBIT P3 TRUE COPY OF THE CERTIFICATE OF COMPLETION OF WORK ISSUED TO THE PETITIONER DATED 27.06.2023 EXHIBIT P4 TRUE COPY OF THE SECOND AND FINAL BILL FOR RS. 82,57,481/- PLUS GST, SUBMITTED BY THE PETITIONER