M/S. Perumalil Granite Constructions vs. The General Manager, Southern Railway Head Quarters Office

WP(C)/28221/2021HC KeralaGSTCNR KLHC01070657202118 January 2022Bench: HONOURABLE MR.JUSTICE N.NAGARESH4 pages
For Petitioner: S.SHANAVAS KHAN, S.INDU
AI SummaryAllowed

Held

The High Court, acknowledging Southern Railway's submission of financial difficulties, directed the Financial Advisor and Chief Accounts Officer (Construction) to pay the outstanding amount of the 4th Part Bill to the petitioner within two months.

Facts

The petitioner, a contractor, completed 90% of a railway track doubling project and submitted a 4th Part Bill for ₹16,82,257. Despite verification and satisfaction by Southern Railway, the bill amount remained unpaid, leading the petitioner to seek court intervention.

Key Issues

The key legal issue was the non-payment of a contractor's bill by Southern Railway for completed work, despite verification, prompting a writ petition for a direction to ensure payment.

AI-generated summary — verify with the full judgment below

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH TUESDAY, THE 18TH DAY OF JANUARY 2022 / 28TH POUSHA, 1943 WP(C) NO. 28221 OF 2021 PETITIONER: M/S. PERUMALIL GRANITE CONSTRUCTIONS, ARUNNOOTTIMANGALAM POST, KOTTAYAM DISTRICT-686 604, REPRESENTED BY ITS PROPRIETOR, ALEX P.CYRIAC, AGED 53 YEARS, S/O.LATE P.C.CYRIAC, PERUMALIL HOUSE, ARUNNOOTTIMANGALAM, KOTTAYAM. BY ADVS. S.SHANAVAS KHAN S.INDU RESPONDENTS: 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. SRI. A. DINESH RAO,SC FOR RAILWAY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C) NO. 28221 OF 2021 2 JUDGMENT Dated this the 18th day of January, 2022 The petitioner, who is a Contractor, was awarded the work of ‘Doubling of Track betwee

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