IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 21ST JANUARY 2011 / 1ST MAGHA 1932 WP(C).No. 19622 of 2010(C) ---------------------------------- PETITIONER(S): ------------------- NAJEEB.N.A, T.C 4/635, FATHIMAM, SREEVILAS LANE, KOWDIAR.P.O, THIRUVANANTHAPURAM. BY ADV. SRI.AJITH KRISHNAN RESPONDENT(S): -------------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY, PUBLIC WORKS DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE CHIEF ENGINEER, PUBLIC WORKS DEPARTMENT, PUBLIC OFFICE, THIRUVANANTHAPURAM. 3. THE EXECUTIVE ENGINEER, PWD BUILDINGS DIVISION, THIRUVANANTHAPURAM. 4. THE ASSISTANT EXECUTIVE ENGINEER, PWD BUILDING SUB DIVISION, THIRUVANANTHAPURAM. BY GOVT.PLEADER SRI.T.K.ARAVINDKUMAR BABU THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs WP(C).No. 19622/2010(C) APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE RUNNING ACCOUNT BILL AND WORK DETAILS OF THE PETITIONER. P2: COPY OF THE GOVERNEMENT ORDER (Rt)NO.325/2006/HOME DATED 04/02/2006. P3: COP0Y OF THE LETTER NO.D4/A1/1253/05 DATED 27/10/2009 P4: COPY OF THE REPRESENTATION DATED 10/05/2010 SUBMITTED BY THE PETITIONER TO THE RESPONDENTS. RESPONDENT'S EXHIBITS NIL /TRUE COPY/ P.A. TO JUDGE svs ANTONY DOMINIC, J. ``````````````````````````````````````````````````````` W.P.(C) No. 19622 of 2010 C ``````````````````````````````````````````````````````` Dated this the 21st day of January, 2011 J U D G M E N T Petitioner, a PWD Contractor, undertook the work of diversion of drain from 'F' Company in SAP Camp, Peroorkkada, Thiruvananthapuram. Though the work was executed as an urgent deposit work and the petitioner submitted Ext.P1 final bill for `84,099/- way back on 26-09- 2009, in spite of having made representations to the respondents, payment has not been made. It is complaining of this, the writ petition has been filed. 2. Learned Government Pleader, who has obtained instructions from the third respondent, submits that though he has requested for a special LC from the Government, Government have not responded so far. It is stated that it was therefore that payment could not be made to the petitioner. 3. Thus, it is evident that the petitioner has executed W.P.(C) No.19622/2010 : 2 : the work and there is no dispute as far as that issue is concerned. There is also no dispute against the amount that is due. If that be so, in my view, payment cannot be delayed on the ground of non-issuance of special LC. 4. In that view of the matter, I dispose of this writ petition, directing that the petitioner will produce a copy of this judgment before the third respondent and thereupon the third respondent will take up the matter with the first respondent and the first respondent will sanction the special LC, at any rate, within six weeks thereafter. It is directed that, once special LC is sanctioned as above, the third respondent will ensure that payment due to the petitioner is released within four weeks from the date of sanctioning of the special LC. Petitioner shall produce a copy of this judgment and writ petition before the third respondent for compliance. Sd/- (ANTONY DOMINIC, JUDGE) aks // True Copy // P.A. To Judge