IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 17TH SEPTEMBER 2009 / 26TH BHADRA 1931 WP(C).No. 20202 of 2009(U) --------------------------------------- PETITIONER: ------------------- JACOB SABU.C.M., S/O.C.K.MANUEL, AGED 35 YEARS, ESS-BROTHERS ELECTRICALS, CHENNATTU HOUSE, PALLURUTHI, KOCHI-5. BY ADVS. MR.C.A.CHACKO, SMT.C.M.CHARISMA, MR.N.A.SHAFEEK. RESPONDENTS: ------------------------ 1. THE CHIEF ENGINEER, KERALA STATE HOUSING BOARD, THIRUVANANTHAPURAM. 2. THE EXECUTIVE ENGINEER (WORKS), KERALA STATE HOUSING BOARD, REGIONAL OFFICE, HOUSING BOARD BUILDING, PANAMPILLY NAGAR, ERNAKULAM. 3. THE ASSISTANT ENGINEER (ELECTRICAL), KERALA STATE HOUSING BOARD, REGIONAL OFFICE, PANAMPILLY NAGAR, ERNAKULAM. R1 TO R3 BY MR.A.JAYASANKAR, S.C, K.S.H.B. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/09/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. P.N.RAVINDRAN, J. ----------------------------- W.P(C) No. 20202 of 2009-U ------------------------------ Dated this the 17th day of September, 2009. J U D G M E N T Heard Sri.C.A.Chacko, the learned counsel appearing for the petitioner and Sri.A.Jayasanker, the learned standing counsel appearing for the Kerala State Housing Board. 2. The petitioner had entered into an agreement with Kerala State Housing Board for execution of electrification works in the apartments built by the Kerala State Housing Board at Perumbavur. The work was completed within the extended time and the petitioner submitted a final bill claiming payment of a total sum of Rs.13,33,603/-. The petitioner submits that out of the said amount, only a sum of Rs.5,45,924/- was paid to him and that notwithstanding repeated requests, the balance amount payable as per the final bill has not been paid. In this writ petition, the petitioner seeks a writ in the nature of mandamus commanding the respondents to disburse the balance amount. A statement dated 22.8.2009 has been filed by the standing counsel appearing for the Kerala State Housing Board. Para 6 and 7 of the statement read as follows: “6. The total cost of the work as per agreed rates was Rs.9,13,250/-. In addition to the Panel Board, certain fittings such as switch boards, MCBs, ELCBs, Plug sockets, Isolators etc. were not fitted. Hence the payment was limited to 60% W.P(C) No. 20202 of 2009-U 2 (one bill) to 65% (2 bills) and Rs.5,88,848/- was passed. The payment of the said bill was done after effecting statutory recoveries. Considering the non-completion of civil works and request of the petitioner dated 21.11.2008 the work were closed as on 24.1.2009 by the Chief Engineer and directed to settle the contract after execution of closure agreement. 7. After the termination of contract final bills of the work done under 3 agreements were prepared for payment. But the petitioner had not turned to the execution of closure agreement and acceptance of measurement. Hence the bills are still kept in the Housing Board Office.” 3. The petitioner has filed a reply affidavit dated 8.9.2009 contending that the respondents are bound to accept the measurement as per the measurement book and that they cannot go back upon the terms and conditions. It is evident from the pleadings and the submissions made at the Bar by the learned standing counsel appearing for the Kerala State Housing Board that the Board is prepared to settle the final bill of the petitioner, not as claimed by the petitioner, but as per the assessment of the work made by the Housing Board. In my opinion, if the petitioner is aggrieved by the stand taken by the Board in not honouring his final bill in full, his remedy lies in moving the competent civil court. I accordingly dispose of this writ petition with a direction that the respondents shall permit the petitioner to accept the estimate of the work done by the Board and receive the payment fixed by the Board and also execute a completion agreement without prejudice to the petitioner's W.P(C) No. 20202 of 2009-U 3 contentions and thereafter pay the amount as determined by the Board. It will be open to the petitioner after receiving payment as estimated by the Board, to move the competent civil court seeking payment of the balance amount, if any due according to him. The contentions of both sides as regards that accept of the matter are kept open. Payment shall be made within two weeks from the date on which the petitioner executes the closure agreement. Sd/- P.N.RAVINDRAN JUDGE //True Copy// PA to Judge