IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON WEDNESDAY, THE 16TH MARCH 2011 / 25TH PHALGUNA 1932 WP(C).No. 37396 of 2010(Y) -------------------------- PETITIONER: --------------- JOSE THOMAS.M., GOVERNMENT CONTRACTOR JOSE BUNGALOW, PIDAVOOR P.O., PATHANAPURAM, KOLLAM DISTRICT. BY ADV. MR. K.BABU THOMAS MS. MARYKUTTY BABU RESPONDENTS: --------------- 1. STATE OF KERALA, REP.BY THE SECRETARY TO GOVERNMENT, PUBLIC WORKS DEPARTMENT, SECRETARIAT, TRIVANDRUM. 2. THE CHIEF ENGINEER, PWD ROAD AND BRIDGES TRIVANDRUM. 3. THE SUPERINTENDING ENGINEER, PWD ROADS AND BRIDGES, SOUTH CIRCLE, TRIVANDRUM. 4. THE EXECUTIVE ENGINEER, PWD ROAD DIVISION, KOLLAM. BY SENIOR GOVERNMENT PLEADER MR. T.K. ARAVINDAKUMAR BABU THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO. 37396 OF 2010 APPENDIX PETITIONER'S EXHIBITS : EXT. P1 : TRUE COPY OF THE CIRCULAR NO. 60/2008/FIN (IND & PW -B) ISSUED BY THE FIRST RESPONDENT DIRECTION PAYMENT OF ACTUAL COST OF CEMENT AND STEEL ITEMS. EXT.P2 : TRUE COPY OF COMPUTATION OF UNPAID COST OF CEMENT AND STEEL ITEMS AT RS 11,56,111/- FOR PAYMENT. EXT. P3 : TRUE COPY OF THE REVISED ESTIMATE FOR THE WORK CARRIED OUT AND COMPLETED BY THE PETITIONER FOR RS. 2,41,38,358/- EXT. P4 : TRUE COPY OF BILL PREPARED FOR VALUE OF WORKS CARRIED OUT BY THE PETITIONER AT RS. 32,85.563/- RETAINED UNPAID BY THE 4TH RESPONDENT. EXT. P5 : TRUE COPY OF REPRESENTATION OF THE PETITIONER TO THE 1ST RESPONDENT, REQUESTING TO INTIMATE APPROVAL OF THE REVISED ESTIMATE TO EFFECT PAYMENT FOR VALUE OF WORKS CARRIED OUT. /True copy/ P.A. to Judge P.R. RAMACHANDRA MENON J. ~~~~~~~~~~~~~~~~~~~~~~~ W.P (C) No. 37396 OF 2010 ~~~~~~~~~~~~~~~~~~~~~~~ Dated, this the 16th day of March, 2011 JUDGMENT The petitioner has approached this Court with the following prayers: (i) issue a writ of mandamus or any other appropriate writ, or order , or direction to the 1st respondent requiring to intimate approval of Ext. P3 revised estimate submitted on 18.11.2009 for the works carried out and completed by the petitioner by 31.12.2008, so as to ensure payment of admitted amount in Ext. P4 bill prepared by the officials for Rs.32,85,563/-, which is retained unpaid by the 4th respondent. (ii) issue a writ of mandamus, or any other appropriate writ, or direction, or order to the respondents requiring to effect payment of admitted unpaid cost of cement and steel items purchased by the petitioner from the open marked computed at Rs.11,56,111/-, included in Ext. P2 as stipulated in Ext. P1 within a time stipulated. (iii) issue a writ of mandamus, or any other appropriate writ, or direction, or order to the respondents requiring to include Ext. P4 bill with admitted unpaid amount of Rs. 32,85,563/- dated 25.09.2009 in the seniority list of the bills to effect payment reckoning completion of the work on 31.12.2008 within a time stipulated. (iv) issue a writ of mandamus, or any other appropriate writ, or direction, or order to the first respondent requiring to consider and pass orders on Ext. P5 to effect payment of admitted amounts due to the petitioner within a time stipulated, with interest on late payment at the rates charged by the financier bank within a time stipulated, without any prejudice to his rights to claim and realize actual unpaid value of works carried out at the market rates prevailed and notified. W.P. (C) No. 37396 of 2010 2 (v) grant such other relief this Honourable Court may deem proper, just and necessary in the peculiar facts and circumstances of the case, including the costs incurred by the petitioner in these proceedings. 2. The learned counsel appearing for the petitioner submits that, the petitioner will be satisfied, if a direction is given to the first respondent to consider and pass appropriate orders on Ext. P5. 3. Heard the learned Government Pleader as well. In the said circumstances, the first respondent is directed to consider and pass appropriate orders on Ext. P5, in accordance with law, of course after giving an opportunity of hearing to the petitioner, as expeditiously as possible, at any rate, within three months from the date of receipt of copy of this judgment. Petitioner shall produce a copy of this judgment along with copy of the writ petition before the first respondent for further steps. The Writ Petition is disposed of. P. R. RAMACHANDRA MENON, JUDGE kmd