IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 29TH SEPTEMBER 2011 / 7TH ASWINA 1933 WP(C).No. 22061 of 2011(G) -------------------------- PETITIONER(S): ----------------------- S.PRADEEP,AGED 45 YEARS,S/O.SUKUMARAN, JYOTHIS,MUTTOM(P.O),CHEPPAD VILLAGE, KARTHIKAPPALLY,ALAPPUZHA. BY ADV. SRI.S.SHANAVAS KHAN RESPONDENT(S): ------------------------ 1. THE SENIOR DIVISIONAL MANAGER(WORKS), DIVISIONAL OFFICE,SOUTHERN RAILWAY, THIRUVANANTHAPURAM-695001. 2. THE DIVISIONAL MANAGER(RAILWAY), DIVISIONAL OFFICE,SOUTHERN RAILWAY, THIRUVANANTHAPURAM-695001. ADV. SMT.REZIYA.P.A.,SC, RAILWAYS SRI.C.S.DIAS, SC, RAILWAYS THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.22061/11 APPENDIX PETITIONER'S EXHIBITS EXT.P1: TRUE COPY OF THE AGREEMENT EXECUTED WITH THE FIRST RESPONDENT REGARDING THE UNDERTAKING OF CONSTRUCTION WORK. EXT.P2: TRUE COPY OF THE LETTER DATED 11.7.11 ISSUED TO THE 2ND RESPONDENT. EXT.P3: TRUE COPY OF THE ORDER DATED 27.6.11 IN IA NO.628/11 IN OS NO.170/2011 ON THE FILE OF SUB COURT, ALAPPUZHA. //TRUE COPY// P.A. TO JUDGE Rp ANTONY DOMINIC, J. ================ W.P.(C) NO. 22061 OF 2011 ===================== Dated this the 29th day of September, 2011 J U D G M E N T Petitioner submits that on the basis of a contract awarded to him, he had undertaken the construction of SE/Permanent way/office and store at Railway Station, Mavelikkara, the agreement value of which is `28,83,395/-. It is his case that he completed the work and that the office was inaugurated on 25/3/11. According to the petitioner, an amount of `15,80,000/- which was claimed as part bill in respect of the work is still remaining unpaid, and therefore, this writ petition is filed seeking payment of the said amount. 2. In the statement filed by the respondents, it is interalia stated thus: “The bill submitted by the petitioner for Rs.15,78,492/- was received by bill dated 2.7.11 and the same was promptly passed by the respondent vide voucher dated 11.7.11. The said bill is pending due to shortage for funds under plan Head S-6461- 03. It is most respectfully submitted that the bill is pending due to shortage of funds under “Other Specified Works” Plan Head (6400). Immediately on the receipt of the Ext.P2 letter, the same was forwarded to the concerned authority ie, the Chief Planning and Development Engineer/Chennai (CPDE/MAS) on the next day itself for allotting additional funds for payment to the petitioner.” WPC No. 22061/11 :2 : 3. Thus, the fact that the petitioner has submitted the bill and that the same has been approved by the respondents is admitted and the only reason for non payment is the alleged shortage of funds. In the light of the fact that the liability is admitted, necessarily the amount due to the petitioner in terms of the bill approved by the respondents has to be paid. This the respondents shall do as expeditiously as possible at any rate within 6 weeks of production of a copy of this judgment. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE Rp