S.Satheeshkumar vs. The State Of Kerala - Kerala High Court, 03 March 2021

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH WEDNE AY, THE 03RD DAY OF MARCH 2021 / 12TH PHALGUNA, 1942 WP(C).No.23206 OF 2020(A) PETITIONER: S.SATHEESHKUMAR, AGED 40 YEARS, T. C. NO.20/2487, MANIMANDIRAM, PRIYA SOUNDS AND ELECTRICALS, KARAMANA P.O., THIRUVANANTHAPURAM - 695 002. BY ADV. SHRI.AJITH KRISHNAN RESPONDENTS: 1 THE STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001. 2 THE SECRETARY, PUBLIC WORKS DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001. 3 THE CHIEF ELECTRICAL ENGINEER, PUBLIC WORKS DEPARTMENT (ELECTRICAL WING), THIRUVANANTHAPURAM - 695 033. 4 THE ASSISTANT EXECUTIVE ENGINEER, PWD ELECTRICAL SUB DIVISION, LEGISLATIVE COMPLEX, THIRUVANANTHAPURAM - 695 033. 5 THE ASSISTANT ENGINEER, PWD ELECTRICAL WING, NORTH SECTION PUBLIC OFFICE, THIRUVANANTHAPURAM - 695 035. 6 KERALA SAMSTHANA SHISHU KSHEMA SAMITHI, REPRESENTED BY GENERAL SECRETARY, THYCAUD P.O., THIRUVANANTHAPURAM - 695 014. WP(C).No.23206/2020 2 R6 BY ADV. SRI.K.JAJU BABU (SR.), SC R6 BY ADV. SMT.M.U.VIJAYALAKSHMI, SC R3-4 BY GOVERNMENT PLEADER SMT. DEEPA NARAYANAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No.23206/2020 3 JUDGMENT Dated this the 3rd day of March, 2021 Petitioner is a PWD Electrical Contractor. The petitioner is before this Court seeking to command the respondents to sanction and disburse the bill amount of ₹1,19,365/- (including GST) with respect to the work “Providing temporary lighting and Diesal Generator Supply arrangement” in connection with the Children's Day Celebrations at Museum Compound and Nishagandhi Auditorium, Kanakakkunnu, Thiruvananthapuram from 13.11.2018 to 14.11.2018 forthwith.

The petitioner would contend that he undertook the work of the respondents “Providing temporary lighting and Diesal Generator Supply arrangement” in connection with Children's Day Celebrations at Museum compound and Nishagandhi Auditorium. The work was satisfactorily completed by 14.11.2018. According to the petitioner, the

WP(C).No.23206/2020 4 petitioner is entitled to an amount of ₹1,19,365/- (including GST). The petitioner has not been paid the amount so far. The petitioner states that he executed the work borrowing money from various creditors and banks. The unwarranted delay in disbursing the amount is causing considerable monetary difficulties to the petitioner. The petitioner therefore seeks disbursement of ₹1,19,365/- with interest at the rate of 18%.

The 3rd respondent filed a statement in the case. The 3rd respondent contended that the work was done as per the request of the 6th respondent-Kerala State Council for Child Welfare. Due to the urgency of the work, the Assistant Engineer, North Section arranged the work on quotation basis. The work was executed through the petitioner, who gave the lowest quotation. According to the 3rd respondent, the amount due to the petitioner would be ₹81,207/-. Though various communications were sent to the 6th respondent-Kerala State Council for Children Welfare requesting to issue Administrative sanction to deposit fund, no response was received from the 6th respondent.

WP(C).No.23206/2020 5

The learned Standing counsel appearing for the 6th respondent would contend that this work was to be done in connection with the Children's Day Celebrations. In the last 47 years, the 6th respondent was arranging the Children's Day Celebrations at the instance and on behalf of the 1st respondent-State of Kerala. It was decided on 01.11.2018 in a High Power Committee meeting that the expenditure would be born by PWD. The learned Standing counsel would submit that the 6th respondent functions with meager amount received through sale of stamps, and is not in a position to expend considerable amount of money for Children's Day Celebrations by itself.

Heard the learned counsel for the petitioner, the learned Government Pleader for respondents 1 to 5 and Standing counsel appearing for the 6th respondent.

From the pleadings it is clear that the petitioner has been entrusted with the work through a quotation process. The work related to the Children's Day Celebrations. There is no dispute that the petitioner has completed the work undertaken

WP(C).No.23206/2020 6 without giving rise to any complaints. In the circumstances, there is no rhyme or reason to delay the payment to the petitioner. In the circumstances, the writ petition is disposed of directing the 6th respondent to pay the amount legally due to the petitioner within a period of one month. It is made clear that this judgment is without prejudice to the right of the 6th respondent to move the 1st respondent for reimbursement of the amount expended by the 6th respondent towards the Children's Day Celebrations. N. NAGARESH JUDGE SR

WP(C).No.23206/2020 7 APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1OF THE SAME QUOTATION NOTICE NO.31/2018 DATED 1.11.2018 ISSUED TO THE PETITIONER BY 5TH RESPONDENT. EXHIBIT P2OF THE SAME LETTER NO.ENS2/96/2018-19 DATED 3.11.2018 ISSUED BY THE 5TH RESPONDENT TO 4TH RESPONDENT. EXHIBIT P3OF THE SAME SCHEDULE OF WORK ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER. EXHIBIT P4OF THE SAME LETTER DATED 8.11.2018 ISSUED BY THE 6TH RESPONDENT TO THE 4TH RESPONDENT. EXHIBIT P5OF THE SAID REPRESENTATION DATED 5.8.2020 SUBMITTED BY THE PETITIONER BEFORE 3RD RESPONDENT. SR //// PA TO JUDGE