IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID FRIDAY, THE 30TH SEPTEMBER 2011 / 8TH ASWINA 1933 WP(C).No. 16912 of 2011(L) --------------------------------- PETITIONER(S): ------------------- T.N.MUKUNDAN,PROPRIETOR, M/S.BREEZE LAND,MOOSPET,EAST FORT PO, THRISSUR DISTRICT 650 005. BY ADVS. SRI.K.N.CHANDRABABU SRI.P.R.SHAJI RESPONDENT(S): --------------------- 1. THRISSUR CORPORATION, REP.BY ITS SECRETARY,OFFICE OF THE THRISSUR CORPORATION,THRISSUR DISTRICT - 650 005. 2. THE ENGINEER,THRISSUR CORPORATION, THRISSUR DISTRICT - 650 005. R1-2 BY ADVS. SRI.K.P.VIJAYAN, SC. SRI.V.M.SYAM KUMAR SMT.KRIPA ELIZABETH MATHEWS F SRI.V.N.HARIDAS THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs W.P.(C). NO. 169122011 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE AGREEMENT DATED 13/07/2009 WITH NO.102/09-10, ENTERED INTO BETWEEN THE RESPONDENT CORPORATION AND THE PETITIONER. P2: COPY OF THE MEMO DATED 07/02/2009 WITH NUMBER NO.PWD/13842/08. P3: COPY OF THE WORK ORDER DATED 27/07/2009. P4: COPY OF THE REQUEST TO THE 2ND RESPONDENT ON 01/08/2009 SUBMITTED BY THE PETITIONER. P5: COPY OF THE ACKNOWLEDGEMENT DUE DATED 01/08/2009 WITH NO.18390. P6: COPY OF THE DEMAND NOTICE DATED 05/03/2010. P7: COPY OF THE ACKNOWLEDGEMENT RECEIPT WITH NO.11411 PW2/13842/08 DATED 05/03/2010 FOR RECEIVING EXT.P6 DEMAND NOTICE DATED 05/03/2010. P8: COPY OF THE VAT PAID CERTIFICATE DATED 28/03/2011 OF THE OFFICE OF THE COMMERCIAL TAX OFFICER, 1ST CIRCLE; THRISSUR. P9: COPY OF LETTER DATED 28/01/2011 ISSUED BY THE FEDERAL BANK LIMITED; NELLAYI BRANCH TO THE PETITIONER. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE. svs HARUN-UL-RASHID, J. --------------------------------------- W.P.(C) No. 16912 of 2011 --------------------------------------- Dated this the 29th day of July 2011. JUDGMENT Petitioner is an approved contractor of PWD Department. The respondents invited tenders for the installation of Air conditioning units for their 110 KV sub station at Patturaikal in Thrissur District. The first respondent corporation accepted the tender submitted by the petitioner for an amount of Rs.3,87,370/- In pursuant to Ext.P2 memo, the petitioner deposited the security amount by way of cash certificate, for an amount of Rs. 20,000/-. There after he executed the work in pursuant to Ext.P2 memo. After completion of the work, the petitioner intimated the completion of the work and entered in the register and the same had been intimated to the Assistant Executive Engineer of the first respondent Corporation. It is the case of the petitioner that the respondent has delayed payment though repeatedly requested to make W.P.(C) No.16912/2011 2 payment immediately after the completion of the work. Ext.P6 dated 5.3.2010 is the notice issued to the respondent and Ext.P7 is the acknowledgment receipt for Ext.P6 notice. 2. Petitioner submits that the first respondent corporation is duty bound to honour the terms and conditions of Ext.P1 agreement and to disburse the amount due to the petitioner. 3. In para 6 of the statement filed by the Corporation it is admitted that the petitioner submitted Ext.P4 representation dated 1.8.2009 stating that the works as per the agreement dated 13.7.009 was completed by the petitioner's firm and requested the Assistant Engineer of the Corporation to disburse the amount due to the petitioner after inspecting the work done by the petitioner's firm. In para 6 it is also stated that the Department of Public Works Committee of the Corporation has taken a decision to disburse to the petitioner the amounts only after the office becomes fully functional and after the completion of entire civil and electrification works and that it was due to this reason that the amount was not been released to the W.P.(C) No.16912/2011 3 petitioner. 4. The respondent has not a case that the amount claimed by the petitioner is not due to the petitioner. The reasons stated in para 6 for delaying payment is not justifiable under any circumstances. Ext.P4 is the representation dated 1.8.2009 intimating the completion of the work. The work assigned to the petitioner was completed before August 2009 and there is no justification for not making the payment till date. 5. The petitioner also produced Ext.P8 certificate and P9 communication issued to him by the Federal bank. Ext.P9 communication shows that the rate of interest applicable to the petitioners loan account stand enhanced to 14.25 % p.a. with monthly interest w.e.f.15.12.2010. Therefore, the petitioner requests this Court to issue a direction to the respondent to disburse the amount with 14.25% interest p.a. 6. Under these circumstances, there will be a direction to the first respondent to pay the amount due to the petitioner within a W.P.(C) No.16912/2011 4 period of one month from the date of receipt of a copy of this judgment. If the amount as directed is not paid within the said period, the amount payable shall carry interest @ 9% p.a. Petitioner shall produce a copy of this judgment before the respondent. The writ petition is disposed of as above. HARUN-UL-RASHID JUDGE al