Perumalil Granite Constructions v. The General Manager - Kerala High Court, 27 June 2022

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE V.G.ARUN MONDAY, THE 27TH DAY OF JUNE 2022 / 6TH ASHADHA, 1944 WP(C) NO. 17652 OF 2022 PETITIONER/S: PERUMALIL GRANITE CONSTRUCTIONS ARUNNOOTTIMANGALAM POST, PERUVA KOTTAYAM DISTRICT- 686

604.

REPRESENTED BY ITS PROPRIETOR ALEX P. CYRIAC, AGED 54 YEARS, S/O LATE P.C. CYRIAC , PERUMALIL HOUSE, ARUNNOOTTIMANGALAM, KOTTAYAM. BY ADVS. S.SHANAVAS KHAN S.INDU RESPONDENT/S: 1 THE GENERAL MANAGER, SOUTHERN RAILWAY HEAD QUARTERS OFFICE, PARK TOWN, CHENNAI 600 003. 2 THE CHIEF ADMINISTRATIVE OFFICER (CONSTRUCTION), SOUTHERN RAILWAY HEAD QUARTERS OFFICE, PARK TOWN, EGMORE, CHENNAI 600 003. 3 THE FINANCIAL ADVISOR AND CHIEF ACCOUNTS OFFICER (CONSTRUCTION), SOUTHERN RAILWAY, EGMORE, CHENNAI 600 003. 4 THE DEPUTY CHIEF ENGINEER II (CONSTRUCTION), SOUTHERN RAILWAY, TRIVANDRUM 695 014. BY ADV MANU S., ASG OF INDIA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C) NO. 17652 OF 2022 2 JUDGMENT Dated this the 27th day of June, 2022 The petitioner was awarded the works in connection with the doubling of railway tracks between Chengannur and Chingavanam- proposed construction of road over bridge Nos. 234 with 1x18.6M Psc-I girder, 230a with 14.06M (Skew) Span Psc I girder and 210 with 1x12.1M span Psc-I girder between Chengannur and Chingavanam (balance works). The petitioner completed the work on 30.1.2022 and raised its bill. The petitioner contends that, even though the respondents have no complaints regarding the quality of work, the bill amount is not being disbursed. Hence, the writ petition. 2.Learned counsel for the petitioner contends that inasmuch as the respondents are satisfied with the execution of the work, there is no justification in delaying the disbursal of the bill amount. 3.Learned CGC submits that the petitioners bill is under process and the admitted portion will be paid without delay. Accordingly, the writ petition is disposed of directing the respondents to disburse the admitted portion of petitioner’s bill

WP(C) NO. 17652 OF 2022 3 within three months. If dispute is raised with respect to any portion of the bill, the petitioner can seeks its remedy before the appropriate forum. V.G ARUN JUDGE

WP(C) NO. 17652 OF 2022 4 APPENDIX OF WP(C) 17652/2022 PETITIONER EXHIBITS Exhibit P1OF THE LETTER OF ACCEPTANCE DATED 20.05.2019 ISSUED TO THE PETITIONER BY THE 4TH RESPONDENT. Exhibit P2OF THE AGREEMENT NO. 10/DYCE.II/CN/TVC/2019 DATED 17.09.2019. Exhibit P3OF THE GST COMPLAINT INVOICE DATED 10.03.2022 SUBMITTED BY PETITIONER BEFORE THE 4TH RESPONDENT.