IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 12TH AUGUST 2010 / 21ST SRAVANA 1932 WP(C).No. 23327 of 2009(I) -------------------------- PETITIONER(S): --------------- T.N.PRAKASAN, THARAYIL, THURAVOOR P.O., CHERTHALA, ALAPPUZHA DISTRICT. BY ADV. SRI.V.G.ARUN SRI.T.R.HARIKUMAR RESPONDENT(S): --------------- 1. THE EXECUTIVE ENGINEER, P.W.D. NATIONAL HIGHWAY, NH (B) DIVISION, KODUNGALLUR. 2. THE SUPERINTENDING ENGINEER, P.W.D. NATIONAL HIGHWAY, CENTRAL CIRCLE, VYTTILA, KOCHI. 3. THE CHIEF ENGINEER, ADMINISTRATION & NATIONAL HIGHWARY, PUBLIC WORKS DEPARTMENT, THIRUVANANTHAPURAM. 4. THE PROJECT DIRECTOR, NATIONAL HIGHWAY AUTHORITY OF INDIA, NO.8/1187, ARUMUGHA COLONY, CHANDRANAGAR, PALAKKAD-7. ADV. SRI.THOMAS ANTONY FOR R4 GOVERNMENT PLEADER SRI. M.A. ASIF. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PETITIONER'S EXHIBITS: WPC NO. 23327/2009 ----------------------------------------------------------------- EXT.P1 COPY OF CONTRACT CERTIFICATE DT. 2-3-2006. EXT.P2 LETTER DT. 25-4-2006. EXT.P3 LETTER DT. 15-7-2009. EXT.P4 CONTRACT CERTIFICATE DT. 20-3-2006. EXT.P5 LETTER DT. 26-4-2006. EXT.P6 LETTER DT. 15-7-2009. EXT.P7 CONTRACT CERTIFICATE DT. 7-1-2006. EXT.P8 LETTER DT. 15-7-2009. [TRUE COPY] P.S TO JUDGE. S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W.P(C) No. 23327 of 2009 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 12th day of August, 2010. J U D G M E N T Petitioner is a contractor, who undertook the repair work of National Highway 47. The petitioner's grievance in this writ petition is that the amounts due in respect of the work done by the petitioner have not been disbursed to the petitioner yet. The petitioner therefore seeks the following relief: “To issue a writ of mandamus or any other writ, directing the respondents to disburse the total amount of Rs. 11,94,313/- due to the petitioner for the works undertaken and completed by him as evidenced by Exts.P1, P2, P4, P5 and P7.” 2. The National Highway Authority of India as well as the Executive Engineer of the PWD, National Highway Division of the Government of Kerala, have filed counter affidavits. Both do not dispute the fact that amounts are due to the petitioner and the same are liable to be paid. The National Highway Authority of India takes the stand that they have already paid the amount due to the State Government. The State Government takes the stand that the amount given is palpably insufficient for doing the work in question. According to to the 1st respondent, the amount provided by the National Highway Authority of India for maintenance of one kilometer of the N.H. is Rs. 50,000/-, whereas the State Government expends almost double that amount. 3. From the contentions of the respondents themselves, it is clear that the dispute is between them only and nobody has any dispute regarding the eligibility of the petitioner for disbursal of the amounts for the work done by him. I do not think that I should consider the rival contentions as between the National Highway Authority of India and the State Government in this writ petition. It is for them to sort out their differences between themselves. As far as W.P.C. No. 23327/09. -: 2 :- the petitioner is concerned, he is entitled to get the money for the work done by him. Accordingly, this writ petition is disposed of with a direction to the respondents to see that the amounts due to the petitioner for the work done by him is disbursed as expeditiously as possible, at any rate, within three months from the date of receipt of a copy of this judgment. Sd/- S. Siri Jagan, Judge. Tds/