Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE V.G.ARUN TUESDAY, THE 6TH DAY OF DECEMBER 2022 / 15TH AGRAHAYANA, 1944 WP(C) NO. 36551 OF 2022 PETITIONER/S:
C. ANIL KUMAR AGED 51 YEARS S/O. BHASKARAN, CONTRACTOR, CHAPPOTHIL HOUSE, KUNNAMANGALAM P.O., KOZHIKODE DISTRICT, PIN - 673 571.
BY ADVS.
BABU JOSEPH KURUVATHAZHA MOHAMMED SHAFI.K RESPONDENT/S:
1 STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, DEPARTMENT OF PUBLIC WORKS, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.
2 EXECUTIVE ENGINEER, PUBLIC WORKS DEPARTMENT, ROADS DIVISION, KOZHIKODE, PIN-673 020.
3 ASSISTANT EXECUTIVE ENGINEER, PUBLIC WORKS DEPARTMENT, ROADS SUB DIVISION, KOZHIKODE, PIN-673 004.
4 ASSISTANT ENGINEER, PUBLIC WORKS DEPARTMENT, ROADS SECTION, KOZHIKODE SOUTH, KOZHIKODE DISTRICT, PIN - 673 001.
OTHER PRESENT:
GP AMMINIKUTTY K THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06.12.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No. 36551 of 2022 -2- JUDGMENT Dated this the 06th day of December, 2022 The petitioner's grievance is regarding non- registration of the first and second part bills for the work 'Omasserythazham – Kunnayikkal Road' executed by him.
2.
Learned Government Pleader submitted, on instructions, that, the work was completed on 11.07.2022 and the bills prepared. In the meanwhile, the GST was enhanced to 18% on 18.07.2022. The bills had to be modified accordingly. At that point of time, due to malfunctioning of the PRICE software, the bills could not be uploaded. The technical issues were rectified and the first part bill was uploaded.
3.
As regards the second part bill, once sanction is received the Department, that will also be uploaded.
W.P.(C) No. 36551 of 2022 -3- In view of the above submission, the writ petition is disposed of directing the respondents to register the first and second part bills raised by the petitioner within two months.
Sd/- V.G.ARUN JUDGE Scl/06.12.2022
W.P.(C) No. 36551 of 2022 -4- APPENDIX OF WP(C) 36551/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE PROCEEDING OF THE 3RD RESPONDENT DATED 25.6.2021, ACCEPTING THE AGREEMENT NO.AEE/KKD/08/2021-22 DATED 25.6.2021.
Exhibit P2 TRUE COPY OF THE PROFORMA ENCLOSED ALONG WITH EXT.P1. DATED 25-6-2021 Exhibit P3 TRUE COPY OF THE SCHEDULE OF WORK ATTACHED TO THE AGREEMENT DATED 25.6.2021.
Exhibit P4 TRUE COPY OF THE REPRESENTATION DATED 7.7.2022 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT.
Exhibit P5 TRUE COPY OF THE REPRESENTATION DATED 10.9.2022 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.