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. 35096 of 2010(J) -------------------------- PETITIONER: --------------- G.SOMASEKHARAN NAIR, M.P.NILAYAM, T.C.41/1115, KURIYATHY, MANACAUD P.O., THIRUVANANTHAPURAM-695009. BY ADV. MR. AJITH KRISHNAN RESPONDENTS: --------------- 1. STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE SECRETARY, LOCAL SELF GOVERNMENT DEPARTMENT (LSGD), SECRETARIAT (ANNEX), THIRUVANANTHAPURAM. 3. THE PROJECT DIRECTOR, (THE SPECIAL OFFICER, THEERAPATHAM URBAN DEVELOPMENT PROJECT) KERALA SUBSTAINABLE URBAN DEVELOPMENT PROJECT (KSCIDP), KTDFC BUILDING, VAZHUTHACAUD, THIRUVANANTHAPURAM-695014. 4. THE SUPERINTENDING ENGINEER, IRRIGATION SOUTH CIRCLE, PMG, THIRUVANANTHAPURAM-695031. 5. THE EXECUTIVE ENGINEER, MAJOR IRRIGATION DIVISION, PMG, THIRUVANANTHAPURAM. BY SENIOR GOVERNMENT PLEADER MR. ARAVINDA KUMAR 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) 35096 OF 2010 ' APPENDIX PETITIONER'S EXHIBITS : EXT. P1 : TRUE COPY OF THE LETTER NO. D6 104/2006/ISC DATED 4.4.2006 ISSUED BY THE 4TH RESPONDENT. EXT. P2 : TRUE COPY OF THE ORDER NO. G.O. (RT) NO. 4887/05.LSGD DATED 5.12/2005 N ISSUED BY THE 2ND RESPONDENT. EXT. P3 : TRUE COPY OF THE LETTER NO. D5/AB2/262/2003 DATED 22.07.2010 ISSUED BY THE 5TH RESPONDENT TO 3RD RESPONDENT. EXT. P4 : TRUE COPY OF THE REPRESENTATION DATED 28.09.2010 SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENTS. /True copy/ P.A. to Judge P.R. RAMACHANDRA MENON J. ~~~~~~~~~~~~~~~~~~~~~~~ W.P (C) No. 35096 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 writ of similar nature or order or direction commanding the respondents to disburse the balance amount of Rs. 6,99,247/- (Rupees Six lakhs ninety nine thousand two hundred and forty seven) to the petitioner with respect to the work of CRDP Protective works to the bank of killi river near Kadivetty Regulator and construction of approach road forthwith. ii, issue a writ of mandamus or writ of similar nature or order or direction commanding the respondents to pay the interest at the rate of 15 % on the amount due to the petitioner forthwith. iii, issue such other reliefs as this Hon'ble Court may deem fit and proper in the interest of justice. 2. The learned counsel for the petitioner submits that, the petitioner is entitled to get the said amount of Rs.6,99,247 pursuant to the completion of the contract works awarded to the petitioner and that the representation preferred by the petitioner by way of Ext. P4 before the second respondent, stated as forwarded to the 3rd respondent, is still to be acted upon. 3. The learned Government Pleader appearing for the respondents, with reference to the materials on record, submits that, the bill has already been recommended by the 5th respondent as borne by Ext. P3 addressed W.P. (C) No. 35096 of 2010 2 to the 3rd respondent and that the proceedings are pending consideration before the 3rd respondent. It is also stated that the matter will be considered and finalized by the 3rd respondent without any delay. In the above circumstances, the 3rd respondent is directed to finalize the proceedings pursuant to Ext. P3 and due amount shall be disbursed to the petitioner in turn by passing appropriate orders, as expeditiously as possible, at any rate on or before 31st March 2011. Petitioner shall produce a copy of this judgment along with copy of the writ petition before the 3rd respondent for further steps, to save time in this regard. P. R. RAMACHANDRA MENON, JUDGE kmd