Balukrishna M.B. vs. The District Collector - Kerala High Court, 21 August 2020

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH FRIDAY, THE 21ST DAY OF AUGUST 2020/30TH SRAVANA, 1942 WP(C).No.10046 OF 2020(E) PETITIONER: BALUKRISHNA M.B.,GOVERNMENT CONTRACTOR, MRIDULA VIHAR, T.C.17/203, CHADIYARA,POOJAPPURA P.O., THIRUVANANTHAPURAM - 695 012. BY ADV. SRI.AJITH KRISHNAN RESPONDENTS: 1 THE DISTRICT COLLECTOR, COLLECTORATE, ERNAKULAM - 682 031. 2 PRATHEEKSHA BUS SHELTERS KERALA LIMITED, (GOVT. OF KERALA UNDERTAKING), REPRESENTED BY ITS MANAGING DIRECTOR, GNA NO.215, T.C.101,102, SAROJINI GANDHI NAGAR II STREET, VAZHUTHACAUD, THIRUVANANTHAPURAM - 695 014. 3 PROJECT ENGINEER,PRATHEEKSHA BUS SHELTERS KERALA LIMITED, (GOVT. OF KERALA UNDERTAKING),GNA NO.215,T.C.101,102, SAROJINI GANDHI NAGAR II STREET, VAZHUTHACAUD, THIRUVANANTHAPURAM - 695 014. 4 MADHU MATHI,FORMER MANAGING DIRECTOR, PRATHEEKSHA BUS SHELTERS KERALA LIMITED NOW WORKING AS CHIEF ENGINEER, P W D DESIGN WING, PUBLIC OFFICE, THIRUVANANTHAPURAM - 695 033. WP(C) No.10046/2020 : 2 : 5 THE PRINCIPAL SECRETARY TO GOVERNMENT, PUBLIC WORKS DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001. BY SR.GOVERNMENT PLEADER SRI.K.V.MANOJ KUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21.08.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C) No.10046/2020 : 3 : J U D G M E N T ~ ~ ~ ~ ~ ~ ~ ~ ~ Dated this the 21st day of August, 2020 The petitioner, who is a Government Contractor, is before this Court seeking to command the respondents to sanction and disburse the bill amount of ₹19,40,000/- with respect to the works of PBSKL–MLA– S18–2019 Angamali LAC, Construction of Eco-friendly Smart Bus Shelter.

The petitioner undertook three works for respondents. The works were completed by the petitioner within the stipulated time. The petitioner preferred Bill towards first work for an amount of ₹6,75,000/-. Administrative sanction was accorded by the respondents for the said amount. After completion of work, the third respondent, who is the executing authority, requested the second respondent to pay the bill amount due to the

WP(C) No.10046/2020 : 4 : petitioner. However, the bill has not been honoured so far.

The petitioner completed the second work and raised a bill for ₹7,40,000/-. Administrative sanction was accorded to the said amount also. The petitioner completed the third work also. The said work was also completed within the stipulated time. The petitioner submitted bill for ₹5,25,000/- for the third work. The total bill amount due to the petitioner comes to ₹19,40,000/- excluding GST. Administrative sanction was accorded but the respondents have not disbursed the bill amount till date. The petitioner submitted Exhibit-P8 representation, which was of no avail. It is under such circumstances that the petitioner is before this Court.

The learned Government Pleader submitted that the works were undertaken by the second respondent, which is Pratheeksha Bus Shelters Kerala Ltd., which is a Government of Kerala undertaking. The said company was ordered to be wound up on 11.07.2020. During the work

WP(C) No.10046/2020 : 5 : period, the petitioner was called upon to execute supplementary agreements. The petitioner did not execute the same. Thus, the bills remained pending. In the meanwhile, the second respondent-company was wound up on 11.07.2020. The petitioner has to resort to other remedies for availing the outstanding dues, contended the learned Government Pleader.

On a pointed question whether amounts covered by the administrative sanction are available with respondents 1 and 5, the Government Pleader submitted that if such amounts covered by the administrative sanction are available with respondents 1 to 3 and 5, such amount as is available, can be paid to the petitioner. In the circumstances, the writ petition is disposed of directing respondents 1, 2, 3 and 5 to pay the amounts due to the petitioner, if the amount covered by administrative sanction in respect of the works undertaken by the petitioner is available. The first respondent shall intimate the

WP(C) No.10046/2020 : 6 : availability or otherwise of the amounts to the petitioner within a period of one month. In case such funds are not available, the petitioner will be at liberty to realise the same in accordance with the remedies available to him. N. NAGARESH, JUDGE aks/24.08.2020

WP(C) No.10046/2020 : 7 : APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1OF THE SELECTION NOTICE NO.PBSKL/21/RMJ/2018(1)

DATED 22/01/2019, ISSUED BY THE 2ND RESPONDENT. EXHIBIT P2OF THE RELEVANT PAGES OF THE ACCEPTED WORK SCHEDULE IN TENDER NO.PBSKL-T1-2018-19 DATED 12/12/2018. EXHIBIT P3OF THE SELECTION NOTICE NO.PBSKL/21/RMJ/2018(2)

DATED 22/01/2019, ISSUED BY THE 2ND RESPONDENT. EXHIBIT P4OF THE RELEVANT PAGES OF THE ACCEPTED WORK SCHEDULE, IN TENDER DATED 12/12/2018. EXHIBIT P5OF THE SELECTION NOTICE NO.PBSKL/21/RMJ/2018(3)

DATED 22/01/2019, ISSUED BY THE 2ND RESPONDENT. EXHIBIT P6OF THE RELEVANT PAGES OF THE ACCEPTED WORK SCHEDULE, IN TENDER DATED 12/12/2018, BY THE 2ND RESPONDENT. EXHIBIT P7OF THE RELEVANT PAGE OF ACKNOWLEDGMENT OF HANDING OVER THE SITE TO THE PETITIONER IN THREE WORKS. EXHIBIT P8OF THE REPRESENTATION, DATED 20/02/2020, SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.