IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 31ST MARCH 2010 / 10TH CHAITHRA 1932 WP(C).No. 31022 of 2009 (W) ----------------------------------------- PETITIONER(S): ----------------------- MOHAMMED AYOOB, AGED 49 YEARS, S/O.V.P. MOHAMMED @ CHERIYAPPU HAJI, GOVERNMENT CONTRACTOR, EDAVANNA P.O., MALAPPURAM DIST. BY ADV. MR.BABU KARUKAPADATH, SMT.M.A.VAHEEDA BABU, MR.JAGAN GEORGE, MR.K.A.NOUSHAD, MR.P.G.PRAMOD, MR.KANDAMPULLY RAHUL. RESPONDENT(S): -------------------------- 1. THE SECRETARY, PUBLIC WORKS DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. CHIEF ENGINEER, P.W.D. ROADS AND BRIDGES, NEAR MUSEUM, THIRUVANANTHAPURAM. 3. THE SUPERINTENDING ENGINEER, ROADS AND BRIDGES, P.W.D. NORTH CIRCLE, KOZHIKODE. 4. THE EXECUTIVE ENGINEER, PWD, ROADS DIVISION, MANJERI. R1 TO R4 BY GOVERNMENT PLEADER MR.K. RAMESH. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 31/03/2010, ALONG WITH WPC NO. 34273 OF 2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 31022/2009-W APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE LETTER NO.DC/5/126/2005 DATED 11/03/2005 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER. EXT.P2: COPY OF THE RELEVANT PAGES OF THE AGREEMENT NO.SE(K)97/2004- 05 DATED 26/03/2005 EXECUTED BETWEEN THE PETITIONER AND THE GOVERNMENT. EXT.P3: COPY OF THE ABSTRACT OF ORIGINAL AND REVISED ESTIMATE WITH EXPLANATION FOR DIFFERENCE IS QUANTITIES APPROVED BY THE 3RD RESPONDENT, SUPERINTENDENT ENGINEER ALONG WITH HIS COVERING LETTER WITH NO.DC 5/126/05(1) DATED 31/07/2005. EXT.P4: COPY OF THE ORDER NO.DC 5/126/2005 DATED 30/03/2007 BY THE 3RD RESPONDENT. EXT.P5: COPY OF THE JUDGMENT DATED 27/08/2009 IN WP(C) NO. 7500/2009 IN A SIMILAR CASE. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.A. TO JUDGE rs. T.R. RAMACHANDRAN NAIR, J. -------------------------------------------- W.P.(C) Nos.31022 & 34273 OF 2009 -------------------------------------------- Dated this the 31st day of March, 2010. J U D G M E N T In both these writ petitions, identical prayers have been made by the petitioners. In W.P.(C)No.31022/2009, the petitioner seeks for a direction to release the balance amount due to the petitioner in the contract work including the excess/ additional work undertaken by him for improvements to Valancherry Angadippuram Pattikkad Pandikkad Wandoor Vadapuram Road KM. 0/00 to 59/00. In the other writ petition, similar prayer has been made with respect to the work undertaken by the petitioner for improvements to Cherukulam Palapuram Pathiriyal road from KM. 0/000 to 5/000 (1st reach). 2. Learned Government Pleader on instructions submitted that the matter has been taken up with the Government for sanction of the estimate for the additional work and in the light of the audit objection. Therefore, there will be a direction to the 1st respondent to W.P.(C) Nos.31022 & 34273/2009 2 take appropriate action as enjoined by law, which will be finalised within a period of three months. Depending upon the same, balance payment to the petitioners will be effected. These writ petitions are disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp