Rajesh N.D vs. State Of Kerala - Kerala High Court, 01 October 2020

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE SMT. JUSTICE P.V.ASHA THUR AY, THE 01ST DAY OF OCTOBER 2020 / 9TH ASWINA, 1942 WP(C).No.18963 OF 2020(U) PETITIONER: RAJESH N.D., AGED 44 YEARS, GOVERNMENT CONTRACTOR, PADIJATTIL HOUSE, CHERIYAKONNI, CHERIYAKONNI.P.O, THIRUVANANTHAPURAM-695013. BY ADV. SRI.AJITH KRISHNAN RESPONDENTS: 1 STATE OF KERALA, REPRESENTED BY PRINCIPAL SECRETARY, PUBLIC WORKS DEPARTMENT,GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001. 2 THE CHIEF ENGINEER, PUBLIC WORKS DEPARTMENT(BUILDINGS), PUBLIC OFFICE, THIRUVANANTHAPURAM-695 033. 3 THE SUPERINTENDING ENGINEER, PWD BUILDING SOUTH CIRCLE, PUBLIC OFFICE BUILDING, THIRUVANANTHAPURAM-695 033. 4 THE EXECUTIVE ENGINEER, PUBLIC WORKS DEPARTMENT (BUILDINGS DIVISION), P.M.G.JUNCTION, THIRUVANANTHAPURAM-695 033. 5 THE ASSISTANT EXECUTIVE ENGINEER, PWD BUILDINGS SUB DIVISION, THIRUVANANTHAPURAM-695 033. 6 THE ASSISTANT ENGINEER, PWD BUILDINGS (RESIDENCY) SECTION, THIRUVANANTHAPURAM-695033. BY ADV. SMT.PRINCY XAVIER, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.10.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

W.P.(C) No.18963 of 2020 2 JUDGMENT The petitioner is a Contractor, who has executed the work 'Sri.Swathi Thirunal College of Music,

Thiruvananthapuram

–

Renovation, Strengthening and Water Proofing works of toilet blocks & kitchen of Girls Hostel building'.

Petitioner points out that as per Ext.P6 letter, the Superintendent Engineer has already requested

the Chief

Engineer

for the Administrative Sanction of the work pointing out the amount due including GST.

The learned Government Pleader submits that since the work was urgent, it had to be executed without getting ratification from the Chief Engineer and it is awaited and thereafter the payment would be made through EMLI.

The petitioner has also submitted a representation before the Chief Engineer

W.P.(C) No.18963 of 2020 3 requested for expediting the payment.

Therefore the writ petition is disposed of with a direction to the 2nd respondent to issue orders on ratification, within a period of three weeks and to see that the payment of the petitioner including the GST, is made as expeditiously as possible. P.V.ASHA ww JUDGE

W.P.(C) No.18963 of 2020 4 APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1OF THE QUOTATION NOTICE NO.08/ 2018-19,DATED 30/06/2018, ISSUED BY THE 5TH RESPONDENT. EXHIBIT P2OF THE RELEVANT PAGES OF ACCEPTED SCHEDULE OF WORK. EXHIBIT P3OF THE RELEVANT PAGE OF THE ESTIMATE REPORT ISSUED BY THE 6TH RESPONDENT. EXHIBIT P4OF THE RELEVANT PAGES OF THE ANALYSIS OF RATES SANCTIONED BY THE RESPONDENTS. EXHIBIT P5OF THE RELEVANT PAGES OF THE MEASUREMENT BOOK DATED 2/8/2018. EXHIBIT P6OF THE REQUEST DATED 29/1/2020, ISSUED BY THE 3RD RESPONDENT TO 2ND RESPONDENT. EXHIBIT P7OF THE REPRESENTATION DATED 20/6/2020 SUBMITTED BY THE PETITIONER.