IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 2ND JULY 2008 / 11TH ASHADHA 1930 WP(C).No. 21454 of 2007(D) ---------------------------------------- PETITIONER: --------------------- P.GEORGE SAIBU, S/O.LATE GEORGE, STARLAND, PARONTHEL.P.O., PANDALAM. BY ADV. SRI.T.G.RAJENDRAN RESPONDENTS: ------------------------- 1. ADOOR MUNICIPALITY, REPRESENTED BY ITS SECRETARY. 2. CONTROLLER AND AUDITOR GENERAL, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SRI. MOHAMMED FAZIL - R2 BY ADV. SRI.VARGHESE P.THOMAS - R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.21454/2007 D APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE ORDER OF THE 1ST RESPONDENT DTD. 26/05/2007. EXT.P2: COPY OF THE AUDIT REPORT. EXT.P3: COPY OF THE REPLY NOTICE SENT BY THE PETITIONER TO THE 1ST RESPONDENT. EXT.P4: COPY OF THE CASH BALANCE DETAILS. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.S. TO JUDGE Kss ANTONY DOMINIC, J. -------------------------------------------------------- W.P.(C) 21454 of 2007 -------------------------------------------------------- Dated: JULY 2, 2008 JUDGMENT The prayer sought for in this writ petition is to quash Ext.P1 and to direct the 1st respondent Municipality to release the balance amount that is due to the petitioner without delay. 2. Petitioner submits that based on a contract entered into between himself and the 1st respondent, he had undertaken the work of earth filling and levelling of a stadium. In terms of the clauses of the contract that was entered into between the parties, the total amount due to the petitioner was Rs.3,49,500/-. The petitioner states that acting on the basis of the contract, he had executed the work and completed the same to the satisfaction of the respondent Municipality. 3. Thereafter he submitted his bills and in response, he received Ext.P1 wherein it was informed that on account of the audit objection raised, he was not eligible to receive Rs.84,018/- from out of the agreed amount. The audit objection is Ext.P2 which says that going by the yardsticks specified by the Government in the circular mentioned therein, for 1 cubic feet of WP(C) 21454/07 2 the filling work executed by the petitioner, the petitioner was eligible only for Rs.1027/- as against the agreed contract amount of Rs.1236/-. On the aforesaid basis, reduction is recommended from the amount due to him. Petitioner submits that he pursued the matter by filing representations and that also did not evoke any response. It is in the aforesaid background that this writ petition has been filed. 4. It is not disputed that the Municipality awarded the work in question to the petitioner and that an agreement was entered into between the parties specifying the rates agreed by the Municipality. It is on that agreement the petitioner has executed the work. As far as the quality of the work is concerned, also there is absolutely no complaint against the petitioner. 5. Since the petitioner has executed the work on the basis of the contract, he is entitled to be paid at the rate that is agreed to between himself and the Municipality. Such a contract cannot get diluted even if there are any Government circulars as is referred to in Ext.P2. 6. For the aforesaid reason Ext.P1 will stand quashed WP(C) 21454/07 3 and there will be a direction to the 1st respondent Municipality to pay the balance amount due to the petitioner for the work that has been executed by him at the rate that was mutually agreed to. The payment shall be made as expeditiously as possible and at any rate, within six weeks of production of a copy of this judgment. Writ petition is disposed of as above. ANTONY DOMINIC JUDGE mt/-