Lalumon Chandran vs. State Of Kerala - Kerala High Court, 29 October 2021

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH FRIDAY, THE 29TH DAY OF OCTOBER 2021 / 7TH KARTHIKA, 1943 WP(C) NO. 14316 OF 2021 PETITIONER: LALUMON CHANDRAN, AGED 42 YEARS, S/O. T. G. CHANDRAN, THAYIPARAMBIL HOUSE, AIMCOMBU, KADANADU P.O., KOTTAYAM DISTRICT. BY ADVS. SRI.M.NARENDRA KUMAR SRI.M.J.SAJITHA RESPONDENTS: 1 STATE OF KERALA, REPRESENTED BY PRINCIPAL SECRETARY, PUBLIC WORKS DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695 001. 2 SUPERINTENDING ENGINEER, PUBLIC WORKS DEPARTMENT, BUILDINGS SUB DIVISION, SOUTH CIRCLE, THIRUVANANTHAPURAM - 695 033. 3 ASSISTANT EXECUTIVE ENGINEER, PUBLIC WORKS DEPARTMENT, BUILDINGS SUB DIVISION, PALA, PIN - 686 575. 4 CHIEF ENGINEER (BUILDINGS), PUBLIC WORKS DEPARTMENT, UNIVERSITY OF KERALA SENATE HOUSE CAMPUS, PALAYAM, THIRUVANANTHAPURAM - 695 033. SMT.VINITHA B, SR.GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29.10.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No.14316/2021 2 JUDGMENT Dated this the 29th day of October, 2021 The petitioner, who is a contractor and who entered into an agreement with the respondents for construction of a new Building for the Public Health Centre, Marangattupilly under the Health and Family Welfare Department in the year 2016 has approached this Court seeking to command the respondents to sanction the final bill as per Ext.P3 revised estimate of Rs.3,46,49,732.50/- less the amount received amounting to Rs.1,98,67,958/- and disburse the amount to the petitioner.

The petitioner submits that he had completed the work in question long ago on 29.07.2020 and a Certificate of

WP(C).No.14316/2021 3 completion of work was signed by the 3rd respondent. The petitioner was sanctioned an amount of Rs.1,98,67,958/- as part payment together with 1% tax plus 1% welfare fund plus 2% GST, which was duly received by the petitioner. However, the balance amount has not been paid so far. In such circumstances, the petitioner seeks to issue a writ to the respondents for making the balance payment.

When this writ petition came up for hearing today, the learned Government Pleader on instruction submitted that the respondents will be able to pay the amount to the petitioner without much delay. A revised estimate in respect of the work done by the petitioner has been sanctioned by the Chief Engineer (Building) already. When this sanctioned revised estimate is received, the Divisional Officials will forward it for financial sanction by the Department of Finance. Once the Department of Finance clears the revised estimate, the petitioner can be paid the outstanding amount.

WP(C).No.14316/2021 4 In view of the facts as stated above, the writ petition is disposed of directing the respondents to process the files relating to the bill of the petitioner as expeditiously as possible and make payment of the amount due to the petitioner, within a period of 3 months. N. NAGARESH JUDGE SR

WP(C).No.14316/2021 5 APPENDIX OF WP(C) 14316/2021 PETITIONER'S EXHIBITS: Exhibit P1OF THE RELEVANT PAGES OF ACCEPTED SCHEDULE WITH ACCEPTED ESTIMATE PAC (PAGES 1 AND 15). Exhibit P2OF THE PROCEEDINGS HANDING OVER THE SITE TO THE PETITIONER BY THE ASSISTANT ENGINEER, PWD. Exhibit P3OF THE RELEVANT PAGE OF REVISED ESTIMATE INCLUDED EXTRA WORKS ENTERED INTO BETWEEN THE PETITIONER AND SECOND RESPONDENT. Exhibit P4OF THE CERTIFICATE OF COMPLETION OF WORK SIGNED BY ASSISTANT ENGINEER.