IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 31ST MARCH 2011 / 10TH CHAITHRA 1933 WP(C).No. 28140 of 2010(N) -------------------------- PETITIONERS: ------------------- 1. ANWAR P, S/O.MOOSA, AGED 34 YEARS,PATTASSERY HOUSE, PO,VALIYORA,VIA VENGARA, MALAPPURAM DISTRICT,. 2. P.HAMSA HAJI, S/.O.POKERKUTTY HAJI, AGED 53 YEARS, POOKETH HOUSE, PO.PALATHUNKAL, ULLADAM, VIA PARAPPANANGADI, MALAPPURAM DISTRICT,. BY ADVS. SRI.C.A.CHACKO SRI.N.A.SHAFEEK SRI.MUJEEB.P.A. SRI.M.S.UNNIKRISHNAN (OASIS) SMT.M.SANEEJA MOIDEEN RESPONDENTS: ----------------------- 1. STATE OF KERALA REPRESENTED BY SECRETARY TO GOVT, DEPARTMENT OF IRRIGATION,SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2. THE SECRETARY TO GOVERNMENT, IRRIGATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001. 3. THE CHIEF ENGINEER, IRRIGATION DEPARTMENT, INVESTIGATION AND DESIGN (IDRB), VIKAS BHAVAN, THIRUVANANTHAPURAM-695 001. 4. THE DIRECTOR, FUNDAMENTAL AND APPLIED RESEARCH, KERALA ENGG.RESEARCH INSTITUTE (KERI), PEECHI-680 653,THRISSUR. 5. THE JOINT DIRECTOR, CONSTAL ENGG.FIELD STUDIES, THRISSUR-680 001. 6. THE DEPUTY DIRECTOR, COASTAL ENGINEERING, SUB DIVISION, KOZHIKODE-673 001. R1 TO R3 & R5 BY GOVT. PLEADER SMT. N. SUDHA DEVI THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 31/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P (C) No.28140/2010 -2- APPENDIX PETITIONER'S EXHIBITS EXT.P1 – TRUE COPY OF THE AGREEMENT DATED 30-03-2009 EXECUTED BETWEEN THE 1ST PETITIONER AND 4TH RESPONDENT. EXT.P2 – TRUE COPY OF THE AGREEMENT DATED 30-03-2009 EXECUTED BETWEEN THE 2ND PETITIONER AND 4TH RESPONDENT. EXT.P3 – TRUE COPY OF THE COMMUNICATION DATED 20-04-2010 OF THE 5TH RESPONDENT. EXT.P4 – TRUE COPY OF THE COMMUNICATION DATED 20-04-2010 OF THE 5TH RESPONDENT EXT.P5 – TRUE COPY OF THE COMMUNICATION OF THE 3RD RESPONDENT DATED 22-04-2010. EXT.P6 – TRUE COPY OF THE REPRESENTATION DATED 12-03-2010 SUBMITED BY THE 1ST PETITIONER BEFORE THE 4TH RESPONDENT RESPONDENTS EXHIBITS NIL //TRUE COPY// P.A. TO JUDGE P.R.RAMACHANDRA MENON, J -------------------------------------- W.P.(C) No.28140 OF 2010 -------------------------------- Dated this the 31st day of March 2011 JUDGMENT The petitioners are stated as aggrieved of the non disbursement of the due amount in respect of the works executed by them. It is contended that the works have already been completed to the satisfaction of the awarders and that there is no complaint in any manner, from any corner. Despite the submission of the bills long ago, the payment is delayed, which hence is sought to be intercepted by filing this Writ Petition. 2. A counter affidavit has been filed by the 5th respondent stating in paragraph 2 that the 1st petitioner is entitled to get an amount of Rs.8,19,706/- and the 2nd petitioner is entitled to get an amount of Rs.20,88,679/-. It is also stated that earnest efforts are being made by the concerned respondents for obtaining necessary allotment of funds, based on which the letter of credit was issued and the same was obtained in December 2010. Accordingly, the due amount has already been disbursed to the petitioners during pendency of the Writ Petition; simultaneously adding that the payments have been effected strictly adhering to the seniority and no payment was made by overlooking the seniority of the petitioners. W.P.(C) No.28140/2010 - 2 - 3. The learned counsel for the petitioners submits that the amounts due under the Bills stand satisfied and that the petitioners would work out the remedy in respect of the claim for interest, in view of belated payment, by resorting to such other alternative remedy. 4. In the said circumstances, the Writ Petition is closed recording the satisfaction of the amounts under the Bills; however without prejudice to the rights and liberties of the petitioners in respect of the other claims for the alleged delay, if any. P.R.RAMACHANDRA MENON JUDGE vdv