IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 16TH JANUARY 2009 / 26TH POUSHA 1930 WP(C).No. 24420 of 2008(F) -------------------------------------- PETITIONER: ------------------- G.SASIDHARAKURUP, PUBLIC WORKS CONTRACTOR, VYSAKHAM, PARAKODE.P.O, PATHANAMTHITTA. BY ADV. SRI.S.A.RAZZAK. RESPONDENTS: ----------------------- 1. THE EXECUTIVE ENGINEER, MINOR IRRIGATION DIVISION, PATHANAMTHITTA. 2. SECRETARY TO GOVERNMENT, REVENUE (P) DEPARTMENT, KERALA GOVT.SECRETARIAT, THIRUVANANTHAPURAM. 3. THE DISTRICT COLLECTOR,CIVIL STATION, PATHANAMTHITTA. R1 TO R3 BY GOVERNMENT PLEADER SMT. M.R. SREELATHA. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/01/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.24420/2008-F: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE G.O. (RT).NO.2891/06/RD DTD. 24/05/2006. EXT.P.2: COPY OF THE CONTRACT NO.RMF/1/EE/2006-07 DT. 09/03/2007. EXT.P.3: COPY OF THE CONTRACT NO. RMF/2/EE/2006-07 DT. 09/03/2007. EXT.P.4: COPY OF THE CONTRACT NO. RMF/2/EE/2006-07 DT. 09/03/2007. EXT.P.5: COPY OF THE COMPLETION CERTIFICATE & FINAL BILL RELATING TO EXHIBIT P.2. EXTP.6: COPY OF THE COMPLETION CERTIFICATE & FINAL BILL RELATING TO EXHIBIT P.3. EXT.P.7: COPY OF THE COMPLETION CERTIFICATE & FINAL BILL RELATING TO EXT. P.4. EXT.P.8: COPY OF THE REPRESENTATIONS DTD. 20/06/2008 SUBMITTED TO R1. EXT.P.9: COPY OF THE REPRESENTATIONS DTD. 20/06/2008 SUBMITTED TO R.3. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. prv. ANTONY DOMINIC, J. --------------------------- W.P.(C) No. 24420 of 2008 ------------------------------------ Dated this the 16th day of January, 2009 JUDGMENT Petitioner is a contractor. He was awarded three different Government Contracts by the first respondent and Exhibits P2, P3 and P4 are the contracts. The work has been executed by the petitioner and the petitioner is relying on Exhibits P5, P6 and P7 completion certificates. However, payment was not released. Reasons stated in the counter affidavit filed by the 3rd respondent is that the District Collector omitted to countersign the agreement of the works executed between the petitioner and the first respondent. A reading of counter affidavit shows that the petitioner has admittedly executed the work and amount claimed is actually due. It is also stated that if this court issues an order for payment, payment will be released. Taking into account the fact that admittedly the work has been completed and the amount is due, it is ordered that the amount due to the petitioner for the execution of the work in terms of contract, shall W.P.(C) No. 24420 /2008 2 be paid to the petitioner ignoring the fact that Collector has not countersign the agreement for payment ought to be released by the first respondent, as expeditiously as possible, at any rate within four weeks of production of copy of this judgment. Petitioner shall produce a copy of this judgment before the first respondent for compliance. ANTONY DOMINIC, JUDGE scm