IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN MONDAY, THE 24TH MAY 2010 / 3RD JYAISHTA 1932 WP(C).No. 35158 of 2008(I) ------------------------------------- PETITIONER: ------------------- S. RAJENDRAN, RAJENDRA VILASAM, POTTAVILA, PAYATTUVILA.P.O, NEYYATINKARA, THIRUVNANTHAPURAM DISTRICT. BY ADV. SRI.P.K.VIJAYAMOHANAN. RESPONDENTS: ------------------------ 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, PUBLIC WORKS DEPARTMENT, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, COLLECTORATE, THIRUVANANTHAPURAM. 3. THE ASSISTANT EXECUTIVE ENGINEER, DISTRICT PANCHAYAT SUB DIVISION, THIRUVANANTHAPURAM. 4. SRI. VARGHESE, EXECUTIVE ENGINEER (VIGILANCE) P.W.D OFFICE, PUBLIC OFFICE BUILDING, MUSEUM JUNCTION, THIRUVANANTHAPURAM. R1 TO R3 BY GOVERNMENT PLEADER SRI. K.B. RAMANAND, R4 BY ADV. SRI.M.SREEKUMAR. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.35158/2008-I: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE ORDER NO. D1.277/02 DTD. 12/07/2002 ISSUED BY THE R.3. ASSIGNING THE WORK OF IMPROVEMENT TO THE GOVERNMENT LAW COLLEGE BYELANE ROAD UNDER THE THIRUVANANTHAPURAM CORPORATION TO THE PETITIONER. EXT.P.2: COPY OF THE BILL IN RESPECT OF NC/2002-IMPROVEMENT TO THE GOVT. LAW COLLEGE BYELANE ROAD UNDER THIRUVANANTHAPURAM CORPORATION DTD. 31/01/2003. EXT.P.3: COPY OF THE COMMUNICATION NO. D1.277/02 DTD. 29/03/2003 OF THE R.3. TO THE R.2. RECOMMENDING THE PAYMENT DUE TO THE PETITIONER. EXT.P.4: COPY OF THE COMMUNICATION NO. D1.277/02 DTD. 07/04/2003 OF THE R.3. REQUESTING THE R.2. TO RATIFY THE ACTION IN EXECUTING THE WORK BEFORE GETTING SANCTION FROM THE DISTRICT COLLECTOR. RESPONDENTS' EXHIBITS: EXT.R4.A: COPY OF THE G.O.(RT).NO. 826/2002/PWD DTD. 06/09/02. EXT.R4.B: COPY OF THE G.O.(RT).NO.1953/2002/RD DTD. 05/10/02. //TRUE COPY// P.S. TO JUDGE. Prv. THOTTATHIL B.RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No.35158 of 2008-I = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 24th day of May, 2010. Judgment The petitioner carried out a work. The administrative sanction for that work was accorded on 2.4.2002. The initial estimate of Rs.2 lakhs was reduced to Rs.1 lakh as per Ext.R4 (b) order. There appears to be some allegations, going by the submissions of the learned Government Pleader, that the award of the work was obtained in a dubious manner. Whatever that be, it does not appear that the Government has a case that the work was not carried out. It is also pointed out by the learned Government Pleader that the road was laid over certain disputed lands about which certain complaints have been raised. Whatever be the reason, there cannot be any further delay in the matter of finalizing payment of a work stated to have been completed in 2003, that too, for an estimated WPC35158/08 -: 2 :- amount of Rs.1 lakh. Under such circumstances, the second respondent is directed to finalize the issue and release to the petitioner whatever amounts found due within three months from today, without fail. The issue regarding any claim for interest that the petitioner may have is left open. All other issues on merits are left open. The writ petition ordered accordingly. THOTTATHIL B.RADHAKRISHNAN, JUDGE. Sha/2405