IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 5TH JANUARY 2009 / 15TH POUSHA 1930 WP(C).No. 24347 of 2008(W) -------------------------------------------- PETITIONER(S): ------------------------- MATHEW.M.Y, M.Y.ASSOCIATES, KADUTHURUTHI.P.O, KOTTAYAM DISTRICT. BY ADV. SRI.AJITH KRISHNAN RESPONDENT(S): ---------------------------- 1. STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE PRINCIPAL SECRETARY TO GOVERNMENT, GENERAL ADMINISTRATION (POLITICAL) DEPARTMENT, GOVT.SECRETARIAT, THIRUVANANTHAPURAM. 3. THE CHIEF ENGINEER, BUILDINGS AND LOCAL WORKS, PUBLIC OFFICE, THIRUVANANTHAPURAM. 4. THE EXECUTIVE ENGINEER, PWD ELECTRICAL DIVISION, PMG, THIRUVANANTHAPURAM. 5. THE ASSISTANT EXECUTIVE ENGINEEER, P.W.D.ELECTRICAL SUB DIVISION, KOTTAYAM. 6. KERALA PRADESH CONGRESS COMMITTEE(I), REPRESENTED BY ITS PRESIDENT RAMESH CHENNITHALA, INDIRA BHAVAN, VELLAYAMBALAM, THIRUVANANTHAPURAM. GOVERNMENT PLEADER SMT. M.R. SREELATHA FOR R1 TO R5 ADV. SRI.K.HARILAL FOR R6 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.24347/2008 W APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE P.W.AGREEMENT NO.468/05-06/EE(ELE) DTD. 16/05/2006. EXT.P2: COPY OF THE BILL DTD. 18/04/2006. EXT.P3: COPY OF THE P.W.AGREEMENT NO.469/05-06(EE(ELE) DTD. 16/05/2006. EXT.P4: COPY OF THE BILL APPROVED BY THE 4TH RESPONDENT. EXT.P5: COPY OF THE AGREEMENT NO.470/05-06/EE(ELE.) EXECUTED BY THE PETITIONER AND 4TH RESPONDENT. EXT.P6: COPY OF THE BILL APPROVED BY THE 4TH RESPONDENT. EXT.P7: COPY OF THE AGREEMENT NO.467/05-06 (EE (ELE.). EXT.P8: COPY OF THE BILL APPROVED BY THE 4TH RESPONDENT. EXT.P9: COPY OF THE REPRESENTATION DTD. 10/06/2008 BEFORE THE 2ND RESPONDENT. EXT.P10: JUDGMENT DT. 9/04/2008 IN WP(C) NO.36212/07. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.24347 of 2008 --------------------------------- Dated, this the 5th day of January, 2009 J U D G M E N T The prayer in this writ petition is to direct the respondents to pay Rs.1,33,757/- to the petitioner towards the cost of the work, which he executed by providing lighting arrangement during the visit of Smt.Sonia Gandhi to Kottayam on 18/04/2006. Payment was not made as according to the respondents, the money ought to have been paid by the 6th respondent. It is seen that, on facts, the case of the petitioner is fully covered by Ext.P10 judgment rendered by this Court in WP(C) No.36212/2007, that was also a case where the petitioner therein complained of non-payment of the bills for the work executed in connection with the visit of Smt.Sonia Gandhi, where same contentions have been raised by the respondents. Now, since by Ext.P10 the issue is fully covered and as the said judgment has become final, the petitioner is entitled to succeed. 2. Accordingly, the writ petition will stand disposed of directing respondents 1 to 5 to pay an amount of Rs.1,33,757/- to the petitioner. This shall be done as expeditiously as possible, at WP(C) No.24347/2008 -2- any rate, within six weeks of production of a copy of this judgment before the 4th respondent. The writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg