IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI WEDNESDAY, THE 17TH DECEMBER 2008 / 26TH AGRAHAYANA 1930 WP(C).No. 12231 of 2008(F) ----------------------------------- PETITIONER(S): ----------------------- JAISON P.MATHEW, PWD CONTRACTOR, PAMPADYKKANDATHIL, PAMPADY P.O., KOTTAYAM-686 502. BY ADV. SRI.K.L.VARGHESE SMT.SANTHA VARGHESE RESPONDENT(S): ------------------------- 1. THE STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, PUBLIC WORKS DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE EXECUTIVE ENGINEER, PWD BUILDINGS DIVISION, KOTTAYAM. 3. THE DEPUTY DIRECTOR, NATIONAL SAVINGS, KOTTAYAM. 4. THE DISTRICT COLLECTOR, KOTTAYAM. BY GOVERNMENT PLEADER M.R. SREELATHA FOR R1 TO 4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 12231 of 2008(F) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 - TRUE COPY OF THE FACING SHEET OF THE AGREEMENT AND THE ACCOMPANYING 3 PAGES EXECUTED BETWEEN THE PETITIONER AND 2ND RESPONDENT DATED 28.8.2006. EXT.P2 - TRUE COPY OF THE RUNNING ACCOUNT BILL/CC I AND FINAL BILL. EXT.P3 - TRUE COPY OF LETTER DT. 23.11.2007 ISSUED BY THE 2ND RESPONDENT TO THE 3RD RESPONDENT. EXT.P4 - TRUE COPY OF ADVOCATE NOTICE DT. 10.3.2008 ISSUED TO THE 2ND RESPONDENT WITH COPY TO 3RD AND 4TH RESPONDENTS. EXT.P5(a) - TRUE COPY OF POSTAL ACKNOWLEDGEMENT RECEIPT EVIDENCING RECEIPT OF ADVOCATE NOTICE DATED 10.3.2008 BY THE 2ND RESPONDENT. EXT.P5(b) - TRUE COPY OF POSTAL ACKNOWLEDGEMENT RECEIPT EVIDENCING RECEIPT OF ADVOCATE NOTICE DATED 10.3.2008 BY THE 3RD RESPONDENT. EXT.P5(c) - TRUE COPY OF POST ACKNOWLEDGEMENT RECEIPT EVIDENCING RECEIPT OF ADVOCATE NOTICE DT. 10.3.2008 BY THE 4TH RESPONDENT. // TRUE COPY // PS TO JUDGE rhs V.GIRI, J. ------------------------- W.P.(C).No.12231 of 2008 ------------------------- Dated this the 17th day of December, 2008. JUDGMENT The petitioner was awarded the work of “Providing additional facilities to Sampadyabhavan Building at Kottayam Civil Station”. His grievance arises from the delay in the disbursal of the payment due to him. 2. Learned Government Pleader submits that a counter affidavit has been filed on behalf of respondents. Paragraph 4 of the same reads as follows: “The CC 1 and final bill for providing additional facilities to Sampadya Bhavan for a total amount of Rs.11,33,366/- for which the sanctioned amount of administrative sanction vide Order No.NS1/516/98 dt. 5.7.2007 of the District Collector, Kottayam was Rs.11.19 lakhs was submitted to the District Colelctor on 25.6.2007. No deliberate delay in making payment has been caused by the P.W.D as alleged in the Notice. Payment for the work is to be made by the 4th respondent. Payment is not entitled for any interest. The payment for the completed works alone may kindly be admitted.” W.P.(C).NO.12231/08 :: 2 :: 3. In the result, the District Collector shall take a decision, in the matter of disbursal of the payment due to the petitioner, within two months from the date of receipt of a a copy of this judgment. Thereupon, the amounts due shall be paid without further delay. The writ petition is disposed of as above. Sd/- (V.GIRI) JUDGE sk/ //true copy//