IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 12TH DECEMBER 2008 / 21ST AGRAHAYANA 1930 WP(C).No. 16134 of 2008(U) -------------------------- PETITIONER(S): --------------- SAMUEL VARGHESE, GOVERNMENT CONTRACTOR, KANDATHILPARAMBIL HOUSE, MUTTOM P.O., HARIPPAD, ALLEPPEY - 690 511. BY ADV. SRI.K.BABU THOMAS RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, REVENUE (K) DEPARTMENT, SECRETARIAT, TRIVANDRUM. 2. THE CHIEF ENGINEER, IRRIGATION & ADMINISTRATION, TRIVANDRUM. 3. THE SUPERINTENDING ENGINEER, IRRIGATION SOUTH CIRCLE, TRIVANDRUM. 4. THE EXECUTIVE ENGINEER, IRRIGATION DIVISION, KOTTAYAM. 5. THE DISTRICT COLLECTOR, COLLECTORATE, KOTTAYAM. GOVERNMENT PLEADER SMT. M.R. SREELATHA FOR R1-5 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 16134 of 2008 APPENDIX EXT.P1: COPY OF G.O.(RT) NO.5688/2005.DMD ISSUED BY R1. EXT.P2: COPY OF AGREEMENT NO.32/SEISC/2005-06 WAS EXECUTED FOR CARRYING OUT THE WORKS. EXT.P3: COPY OF SUPPLEMENTAL AGREEMENT INCORPORATING EXTRA ITEMS AND QUANTITIES. EXT.P4: COPY OF BILL PASSED FOR PAYMENT OF RS.1,00,32,432/- DUE TO THE PETITIONER. EXT.P5: COPY OF BILL SUBMITTED BY THE PETITIONER FOR PAYMENT OF RS.78,48,644/-. EXT.P6; COPY OF G.O.(RT) NO.4976/2007/RD ISSUED BY THE 1ST RESPONDENT FOR ALLOTTING RS.5 CRORES. EXT.P7: COPY OF G.O.(RT) NO.5009/2007/RD ISSUED BY THE 1ST RESPONDENT FOR ALLOTTING RS. 80 LAKS. EXT.P8: COPY OF THE REPRESENTATION SUBMITTED BY THE petitioner. EXT.P9; COPY OF CERTIFICATE DATED 20.11.2008 ISSUED BY THE FEDERAL BANK LTD, MUTTOM BRANCH. TRUE COPY PA TO JUDGE. S. SIRI JAGAN, J. ------------------------------------ W.P.(C)No.16134 OF 2008 ---------------------------------------- Dated this the 12th day of December, 2008 JUDGMENT The petitioner is a contractor, who has completed certain works on behalf of the respondents. The petitioner’s grievance in this writ petition is that Ext.P4 bill for an amount of Rs.1,00, 32,432/- is not being paid to the petitioner, although the same was submitted as early as on 25.7.2007. 2. A statement has been filed on behalf of the 1st respondent, in which it is stated thus: “Hence Government could not transfer sufficient funds to District Collector, Kottayam for effecting payment to the petitioner within the stipulated time prescribed by the Hon'ble High Court. But Government is willing/ready to pay the Exhibit P4 bill amount of Rs.1,00,32,432/- according to the availability of budget provision and availability of funds as per the aforesaid clause of the agreement and which will be possible during the next financial year by the end of May, 2009”. Taking into account the facts and circumstances of the case, I dispose of this writ petition with a direction to the respondents W.P.(c)No.16134/08 2 to see that the amounts as stated in the statement is paid to the petitioner within a period of three months from the date of receipt of a copy of this judgment. S. SIRI JAGAN, JUDGE Acd