IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 17TH OCTOBER 2011 / 25TH ASWINA 1933 WP(C).No. 19088 of 2011(I) -------------------------- PETITIONER(S): --------------- T.J. JOSEPH, THAZHEPALLY, PUTHUSSERY.P.O, WAYANADU. BY ADV. SRI.GEORGE VARGHESE(PERUMPALLIKUTTIYIL) SRI.A.R.DILEEP RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT IN THE DEPARTMENT OF IRRIGATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001. 2. CHIEF ENGINEER, PROJECT-I, IRRIGATION DEPARTMENT, KOZHIKODE - 673 001. 3. EXECUTIVE ENGINEER, IRRIGATION DEPARTMENT, BANASURASAGAR PROJECT DIVISION, PADINJARATHARA, WAYANADU - 673 575. 4. ASSISTANT EXECUTIVE ENGINEER, BANASURASAGAR PROJECT SUB DIVISION I, IRRIGATION DEPARTMENT, PADINJARATHARA, WAYANAD - 673 575. 5. ASSISTANT ENGINEER, BANASURASAGAR PROJECT SECTION III/I, IRRIGATION DEPARTMENT, PADINJARATHARA, WAYANAD - 673 575. GOVERNMENT PLEADER M.J.RAJASHREE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/10/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 19088 of 2011 APPENDIX EXHIBITS EXT.P1- A TRUE COPY OF THE WORK ORDER ALONG WITH AGREEMENT SCHEDULE ISSUED BY THE 4TH RESPONDENT IN RELATION TO CHAIN 8275MTR TO 8410 MTR EXT.P2- A TRUE COPY OF THE WORK ORDER ALONG WITH AGREEMENT SCHEDULE ISSUED BY THE 4TH RESPONDENT IN RELATION TO CHAIN 9200 MTR - 9325 MTR EXT.P3- A TRUE COPY OF THE CONTRACT COMPLETITION CERTIFICATE AND FINAL BILL IN RELATION TO CHAIN 8275 MTR TO 8410 MTR ISSUED BY THE 5TH RESPONDENT EXT.P4- A TRUE COPY OF THE CONTRACT COMPLETION CERTIFICATE AND FINAL BILL IN RESPECT TO CHAIN 9200 MTR TO 9325 MTR ISSUED BY THE 5TH RESPONDENT EXT.P5- A TRUE COPY OF THE REPRESENTATION DATED 15.6.11 MADE BY THE PETITIONER TO THE 3RD RESPONDENT (True copy) P.A. To Judge ANTONY DOMINIC, J ....................................................... W.P.(C).19088/2011 .............................................. Dated this the 17th day of October, 2011 JUDGMENT Petitioner is a contractor he was awarded two different works of trial boring along the Madakkadu distributory at Chains 8275 Mtr. to 8410 Mtr. and 9200 Mtr. to 9325 Mtr. Exts.P1 and P2 are the work orders. As per the statement filed, work was completed as early as on 14.6.2004 and 27.7.2004 respectively and final bills were received in the Office of the third respondent on 15.6.2004 and 28.7.2004 respectively. It is also admitted that the total value of the works done as per the admitted final bills is Rs.1,21,022/- and Rs.1,83,598/- respectively. However, payment was not made and therefore, the writ petition has been filed seeking a direction to the respondents to disburse the amounts due to the petitioner. 2. In the statement filed on behalf of the third respondent, after admitting the completion of the work and the amounts due to the petitioner as per the final bills as above, it is stated thus:- “The Finance Inspection (NT) wing of the Government conducted a surprise Inspection in W.P.(C).19088/11 2 this office on 13.7.04 and 14.7.04 and observed certain irregularities in the Boring works of Madakkunnu distributory Canal. Finance Inspection Wing in their report directed to withheld payments to the above works until further orders from that office. Therefore payment relating to the final bills of two works executed by the petitioner mentioned above is still pending for payment as the Finance Inspection Wing (NT) had not yet issued clearance for the release of amount towards the pending bills. Sri.R.V.Joseph, PWD Contractor who had executed agreements for the execution of similar works under this division had filed W.P. (C).36670/2008 before the Honourable Court of Kerala. On the basis of the judgment dated 20.8.2010 in this W.P.(C) all withheld payment due to him was released from this office on 6.1.2011.” 3. Therefore, the reason for non payment is nothing but the direction issued by the Finance Inspection Wing to withheld payment. Even according to the respondents, a similarly situated contractor has already been disbursed the amounts due to him W.P.(C).19088/11 3 following the directions of this Court as per the judgment in W.P. (C).36670/2008, a copy of which is made available by the leaned counsel for the petitioner, and on going through the said judgment, I am satisfied that the facts involved in that case are similar in all respects with the case of the petitioner and therefore, the petitioner is entitled to similar payment. 4. Accordingly, following the aforesaid judgment this writ petition is also disposed of, directing respondent 3 to 5 that the amounts due to the petitioner in terms of Exts.P3 and P4 final bills shall be disbursed to him, as expeditiously as possible at any rate, within two months of production of a copy of this judgment along with a copy of the writ petition. ANTONY DOMINIC, Judge mrcs