IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI TUESDAY, THE 30TH SEPTEMBER 2008 / 8TH ASWINA 1930 WP(C).No. 18959 of 2008(F) ----------------------------------------- PETITIONER: --------------------- ABDUL SATHAR.A.M, S/O.MAMMUNHI HAJEE, ERIYAL HOUSE, P.O.KOFLU, KASARAGOD BY ADV. SRI.K.V.SOHAN SMT.SREEJA SOHAN.K. RESPONDENT: ------------------------ THE ASSISTANT EXECUTIVE ENGINEER, P.W.D.ROAD SUB DIVISION, KASARAGOD. GOVERNMENT PLEADER SMT. SREELATHA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.18959/2008 F APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE REVISED ESTIMATE MADE BY THE RESPONDENT, DTD. 1/05/2007. EXT.P2: COPY OF THE LOAN STATEMENT OF ACCOUNT FROM 1/1/2004 TO 29/01/2008 ISSUED BY THE CATHOLIC SYRIAN BANK. RESPONDENT'S EXHIBITS: EXT.R(A): COPY OF LETTER DTD. 05/12/06. EXT.R(B): COPY OF LETTER DTD. 31/05/07 FORWARDED BY THE DISTRICT COLLECTOR. EXT.R(C): COPY OF THE LETTER DTD. 11/06/2007. EXT.R(D): COPY OF THE LETTER DTD. 21/07/07. EXT.R(E): COPY OF THE LETTER DTD. 29/03/08. /TRUE COPY/ P.S.TO JUDGE Kss V.GIRI, J. ------------------------- W.P.(C).No.18959 of 2008 ------------------------- Dated this the 30th day of September, 2008. JUDGMENT The petitioner was awarded the contract work of formation of Deep Earthen drain leading channel from KM.18/00 to 21/00 of Cherjalsoor road. 2. It seems that the original assessment was revised on account of a deviation brought about by reason of interference by the local merchants. The petitioner submits that, after the completion of the work, check measurement was conducted and the amount was sanctioned. Nevertheless, payment has not been effected. Hence this writ petition. 3. In the counter affidavit filed by the Assistant Executive Engineer, Public Works Department, Road Sub Division, Kasaragod, it is admitted that the work was completed by the petitioner finally on 12.7.2007. But, there was delay in completion of the same. It is further stated that certain other defects were pointed out by the Assistant Executive Engineer vide his letter dated 21.7.2007 Ext.R(d) and such defects have not been cured by the petitioner. W.P.(C).NO.18959/08 :: 2 :: Having heard learned counsel for the petitioner and the learned Government Pleader, the writ petition is disposed of directing the respondent to finalise the check measurements of the work done by the petitioner. In the meanwhile, if there are defects in the work done by the petitioner, the petitioner shall rectify the same. This shall be done within a period of two weeks from the date of receipt of a copy of this judgment. Thereupon, the bill submitted by the petitioner, shall, subject to satisfactory completion of the work, as determined by the respondent, be paid without any delay, but in accordance with the list of priority maintained in the office of the Assistant Executive Engineer. The whole process shall be completed within two months from the date of receipt of a copy of this judgment. Sd/- (V.GIRI) JUDGE sk/ //true copy//