IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 12TH OCTOBER 2010 / 20TH ASWINA 1932 WP(C).No. 21641 of 2010(E) -------------------------------------- PETITIONER(S): ------------------------ K.BHASKARAN, "SNEHANILAYAM", PUTHIYAVILA P.O., VELANCHIRA, KAYAMKULAM, ALLEPPEY DISTRICT-690 531. BY ADVS. SMT.S.KARTHIKA SRI.M.S.UNNIKRISHNAN SRI.M.R.ANISON SMT.K.P.GEETHA MANI SRI.P.N.APPUKUTTAN SMT.P.A.RINUSA RESPONDENT(S): -------------------------- THE SOUTHERN RAILWAY, REP. BY ITS CHIEF ENGINEER (CONSTRUCTION), OFFICE OF THE CHIEF ENGINEER (CONSTRUCTION), SOUTHERN RAILWAY, ERNAKULAM-682 016. BY ADV. SRI.S.K.MURALEEDHARAN KAIMAL, SC,RAILWAY SRI.S.K.MURALEEDHARA KAIMAL THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12/10/2010 , THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.21641/2010 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE RELEVANT PAGES OF THE AGREEMENT ENTERED INTO BETWEEN THE PETITIONER AND THE RESPONDENT DTD. 10.8.2006. P2:- COPY OF THE RELEVANT PAGES OF THE AGREEMENT ENTERED INTO BETWEEN THE PETITIONER AND THE RESPONDENT DTD. 7.11.2006. P3:- COPY OF THE RELEVANT PAGES OF THE AGREEMENT ENTERED INTO BETWEEN THE PETITIONER AND THE RESPONDENT DTD. 11.12.2007. P4:- COPY OF THE CLOSURE LETER DTD. 30.5.2008 ISSUED BY THE SOUTHERN RAILWAY. P5:-COPY OF THE LETTER DTD. 27.5.2008 ISUED BY THE STATE BANK OF TRAVANCORE, KAYAMKULAM. P6:- COPY OF THE LETTER ISSUED BY THE EXECUTIVE ENGINEER ADDRESSED TO THE SUPDT. ENGINEER DTD. 9.7.2009. TRUE COPY P.S. TO JUDGE tss T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 21641 of 2010-E - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 12th day of October, 2010. JUDGMENT The petitioner is a contractor who had undertaken three items of work for the Southern Railway. This writ petition is filed seeking for a direction to the respondents to disburse the amount due to the petitioners towards the three works executed by the petitioner, without any further delay with 18% interest. 2. The respondents have filed a statement. It is agreed at the Bar that after the filing of the writ petition, the amount due towards the work relating to item No.1, has been disbursed. With regard to the other two items of works in question, in the statement filed on behalf of the respondents it is pointed out that regarding the second agreement, the part bill for currency upto 31.3.2010 and payment of the quantities completed till 21.1.2010 was paid to the contractor as per Annexure I and the total agreement value of the work is Rs.1,13,11,993/-. As the work has been completed for Rs.88,33,126/- the said amount was also paid. It is stated that the final measurements are being recorded. It may take another six months for completion of the taking of measurement. With regard to the wpc 21641/2010 2 release of security deposit, it is stated that the same can be released after passing of the final bill and the maintenance period is over. With regard to the items of work relating to the third agreement, it is stated that the part bill for the work done till 25.3.2010 was paid and now balance payment available is for the security deposit, which will be paid after final bill is passed and maintenance period is over. The total agreement value is Rs.6,54,73,474/- out of which, the contractor has already been paidd Rs.6,08,29,615/-. It is further pointed out that the final measurement is being recorded. Therein also six months time is sought for completing the measurement and to disburse the amount. 3. Learned counsel for the petitioner submitted that two months are over after filing the statement and therefore six months time may not be required. Considering the various details stated in the statement filed on behalf of the respondents and the time required to complete the formalities, there will be a direction to the respondents to disburse the amount due to the petitioner, within a period of three months from the date of receipt of a copy of this judgment. With regard to the retention amount and security deposit, the same will be disbursed after the period prescribed in the wpc 21641/2010 3 agreement are over. The relief claimed by way of interest, is left open. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) kav/