Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE SHAJI P.CHALY WEDNESDAY, THE 15TH DAY OF FEBRUARY 2023 / 26TH MAGHA, 1944 WP(C) NO. 3787 OF 2023 PETITIONER:
YASAR K K AGED 45 YEARS S/O. ASSAINAR K. K., KODAPARAMBIL HOUSE, ALAKAPPARAMBA, VELIYAPARMBA POST, PULIKKAL MALAPPURAM DISTRICT, KERALA, PIN – 673637 BY ADV. SAJI SANKARAN NAIR RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY THE DISTRICT COLLECTOR COLLECTORATE P O, MALAPPURAM, PIN – 676505 2 THE HEAD OF CONSTRUCTION DIVISION SIDCO;
HOSING BOARD BUILDINGS SANTHI NAGAR, THIRUVANANTHAPURAM, PIN – 695001 3 THE MANAGING DIRECTOR HOUSING BOARD BUILDINGS, SANTHI NAGAR, THIRUVANANTHAPURAM, PIN – 695001 4 THE DIRECTOR SCHEDULED CASTE DEPARMENT, MUSEUM, NANDAVANAM ROAD, VIKAS BHAVAN P O , THIRUVANANTHAPURAM., PIN – 695033
W.P.(C.) No. 3787/2023 2 5 THE DISTRICT SCHEDULED CASTE DEVELOPMENT OFFICER CIVIL STATION P O, MALAPPRAM DISTRICT, MALAPPURAM, PIN - 676505 R2 BY SRI.G.BIJU, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15.02.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C.) No. 3787/2023 3 JUDGMENT This writ petition is filed by the petitioner seeking the following relief:- “Issue a writ of mandamus or any other appropriate writ, order or direction directing respondents to take appropriate action in P5 and to prepare Final Bill and disburse all the bills pending payments to the petitioner from the respondents.” 2.
Petitioner is a contractor, who had undertaken construction of 'improvement to Nellikkaprambu Schedule Caste Colony in Kannamangalam Grama Panchayat;
Vengara Legislative Assembly, Malappuram District', as per Ext.P1. Even though various contentions are raised by the petitioner, the ultimate relief sought for by the petitioner in the writ petition is that the balance amount due to the petitioner from the Small Industries Development Corporation(SIDCO) is not released to the petitioner.
According to the petitioner, in spite of the earnest efforts made by the petitioner, the authorities had not taken any action which persuaded the petitioner to file this writ petition.
W.P.(C.) No. 3787/2023 4 3.
I have heard learned counsel for the petitioner, Sri.Saji Sankaran Nair, learned Special Government Pleader Smt.Latha T. Thankappan and learned Standing Counsel for SIDCO, Sri. G. Biju and perused the pleadings and material on record 4.
Learned Standing Counsel for the SIDCO submitted that in fact an amount of Rs.39,82,360/-, including GST was remaining due to the petitioner.
However, an amount of Rs.12,11,000/-, was disbursed to the petitioner. Therefore, according to the learned Standing Counsel for SIDCO, as of now, an amount of Rs.27,71,360/-, is liable to be paid to the petitioner.
However, it is submitted that the bill is forwarded to the Director, Schedule Caste Department, Thiruvananthapuram for approval and as soon as approval is received, the balance bill amount will be paid to the petitioner. Learned counsel for the petitioner submitted that out of the amount of Rs.12,11,000/-, said to be released to the petitioner, an amount of Rs.2,00,000/-, is adjusted against the GST, however no certificate is issued. This is placed on record.
W.P.(C.) No. 3787/2023 5 5.
In view of the peculiar facts and circumstances of the case, there will be a direction to the Director, Schedule Caste Department to process the bill submitted by the SIDCO for approval, at the earliest, and at any rate, within one month from the date of receipt of a copy of this judgment. As soon as the bill is approved and necessary instructions are received by the SIDCO on account of the same, the amount due to the petitioner shall be released in two equated monthly instalments starting from 15.04.2023 and on the same date of the successive month.
The writ petition is disposed of, accordingly.
Sd/-
SHAJI P. CHALY
JUDGE DCS/15.02.2023
W.P.(C.) No. 3787/2023 6 APPENDIX PETITIONER EXHIBITS EXHIBIT P1 PHOTOCOPY OF THE SELECTION NOTICE NO.KSCDN/AB/51/2019 DATED 14/08/2020 EXHIBIT P2 PHOTOCOPY OF THE FORWARDING LETTER NO.KSCDN/WAME/AE/2020/21 DATED 15/3/2021 EXHIBIT P3 PHOTOCOPY OF THE LETTER NO.KSIDCN/AB/51/2021 DATED 06/12/2021 EXHIBIT P4 PHOTOCOPY OF THE LETTER NO.KSCDN/AB/51/2019 DATED 24/3/2022 EXHIBIT P5 PHOTOCOPY OF THE LETTER DATED 16/11/2021 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT