IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 4TH JANUARY 2010 / 14TH POUSHA 1931 WP(C).No. 32840 of 2009(Y) -------------------------- PETITIONER: --------------- N.A.THOMAS,AGED 61,S/O.ANTHONY, NJARAKKAL HOUSE,P.O.POTTA. BY MR.SHEEJO CHACKO, ADVOCATE MR.A.G.UNNIKRISHNAN, ADVOCATE MR.DEVAN K.MENON, ADVOCATE MR.VIJITH SUDHAKARAN, ADVOCATE RESPONDENTS: ----------------- 1. STATE OF KERALA,REP.BY SECRETARY TO GOVT. DEPARTMENT OF WATER RESOURCES,GOVT.SECRETARIAT, TRIVANDRUM. 2. THE SUPERINTENDING ENGINEER, EDAMALAYAR IRRIGATION PROJECT,PROJECT CIRCLE, PIRAVOM,ERNAKULAM DISTRICT. 3. THE EXECUTIVE ENGINEER,EDAMALAYAR IRRIGATION PROJECT,CHALAKUDY,THRISSUR DISTRICT. 4. DIRECTOR OF VIGILANCE AND ANTI CORRUPTION BUREAU,TRIVANDRUM. BY MR.K.RAMESH,GOVERNMENT PLEADER FOR R1-R4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).No.32840/2009 APPENDIX PETITIONER'S EXHIBITS: EXT.P1: THE LETTER DATED 13.05.04 ISSUED BY THE EXECUTIVE ENGINEER. EXT.P2: TRUE COPY OF THE LETTER DATED 22.11.2005 ISSSUED BY EXECUTIVE ENGINEER. EXT.P3: TRUE COPY OF THE JUDGMENT IN W.A.701/07 DATED 04.06.07. EXT.P4: TRUE COPY OF THE JUDGMENT IN WP(C) No.25277/07 DATED 27.09.07. EXT.P5: TRUE COPY OF THE JUDGMENT IN WP(C) No.20170/07 DATED 18.07.07. EXT.P6: TRUE COPY OF THE JUDGMENT IN WP(C)No.15456/09. TRUE COPY P.A.TO JUDGE T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.32840 OF 2009 --------------------------------------- Dated this the 4th day of January, 2010. J U D G M E N T The petitioner is a 'B' class contractor in the department of Water Resources and he was awarded with a work namely, IIP Modification of RBMC including CD works between CH/29/000- 29/250 K.Ms. It is pointed out that the work was completed as early as on 28.09.2004 and final bills were prepared and submitted accordingly. The main prayer in the writ petition is for a direction to consider the claim of the petitioner and to make the payment due in favour of the petitioner in tune with Exhibits P3 to P6 directions issued by this Court concerning agreement No.16/EE/04-05 dated 13.05.2004. 2. The counter affidavit filed by the 3rd respondent shows that a Vigilance enquiry was pending with regard to the work in question. It is stated that the Vigilance enquiry is not completed till this date. It is admitted in the counter affidavit that the petitioner completed the work on 28.09.2004 and final bill was W.P.(C) No.32840/2009 2 received in the Division on 30.09.2004. But, because of the pendency of a public interest litigation filed by one P.L.Jacob and in the light of the interim order passed by this Court in the said case, the payments were not made. Finally this Court directed the respondents therein to complete the Vigilance enquiry within six months. 3. It is seen from the counter affidavit itself that the respondents are contemplating release of the balance amount only on completion of Vigilance enquiry. It is also averred that the report on completion of Vigilance enquiry has not been received from the Department so far and the balance payments will be made after the completion of the Vigilance enquiry. 4. Learned counsel for the petitioner relied upon Exhibit P3 judgment of a Division Bench of this Court in a similar matter wherein the Division Bench directed release of the balance amount on the contractor furnishing a bank guarantee for the like amount. Heard the learned Government Pleader appearing for respondents. In the light of the fact that Vigilance enquiry has W.P.(C) No.32840/2009 3 not been completed so far, the course adopted by this Court in Exhibit P3 can be adopted herein also. Admittedly, the work was completed in 2004 and already six years have gone. It is averred that 50% of the bill amount have already been paid to the petitioner. The balance amount namely, Rs.10 lakhs and odd as seen from Exhibit P2 will be released to the petitioner on the petitioner furnishing a bank guarantee which will have a life period of two years to the satisfaction of the respondents herein. There will be a further direction to the respondents to complete the Vigilance enquiry within a period of six months. The amount shall be released within a period of one month from the date of furnishing bank guarantee. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp