Shaji Joseph vs. State Of Kerala
Held
The Court directed the Secretary to Government, Health and Family Welfare Department, to hear the petitioner and take a decision on the disbursement of the amounts claimed in Ext.P4 within two months. If found eligible, the amounts must be disbursed within two months thereafter, failing which it will carry interest at 6% per annum.
Facts
The petitioner, a contractor, sought disbursement of his final bill amounting to Rs. 82,57,481/- along with applicable GST, which was approved through Ext.P4 but not yet paid by the respondent authorities. He also claimed interest at 18% per annum for the delayed payment.
Key Issues
The key legal issues were the non-disbursement of an approved final bill, including applicable GST, to a contractor by government authorities and the entitlement to interest for delayed payment.
AI-generated summary — verify with the full judgment below
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
The judgment continues below.
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