IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI TUESDAY, THE 4TH NOVEMBER 2008 / 13TH KARTHIKA 1930 WP(C).No. 23168 of 2008(G) ---------------------------------- PETITIONER(S): ------------------------------ K.K.SIVAN, SARANYA NIVAS,VADACKAL PO., ALAPPUZHA BY ADV. SRI.S.P.ARAVINDAKSHAN PILLAY SMT.N.SANTHA SRI.PETER JOSE CHRISTO SRI.S.A.ANAND RESPONDENT(S): -------------------------- 1. STATE OF KERALA,REP. BY THE SECRETARY TO GOVERNMENT, HOME AND VIGILANCE DEPARTMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN-695 001. 2. SECRETARY TO GOVERNMENT, WATER RESOURCES DEPARTMENT,. SECRETARIAT, THIRUVANANTHAPURAM. PIN-695001. 3. CHIEF ENGINEER, MECHANICAL WING IRRIGATION DEPARTMENT, THIRUVANANTHAPURAM PIN-695033. 4. EXECUTIVE ENGINEER, MECHANICAL DIVISION ALAPPUZHA PIN-688001. GOVERNMENT PLEADER SMT.M.R.SREELATHA FOR R1 TO 4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.23168/2008 APPENDIX PETITIONERS EXHIBITS P1:- COPY OF THE REPRESENTATION DT. 9.4.06 SUBMITTED BEFORE THE IST RESPONDENT. P2:- COPY OF THE REPRESENTATION DT. 2.5.06 SUBMITTED BEFORE THE ASSISTANT ENGINEER (CD3) DREDGER SUB DIVISION, ALAPPUZHA. P3:- COPY OF THE REPRESENTATION DT. 21.8.06 SUBMITTED BEFORE THE 2ND RESPONDENT. P4:- COPY OF THE APPLICATION DT. 1.2.07 FILED UNDER THE RIGHT TO INFORMATION ACT 2005 BEFORE THE 2ND RESPONDENT. P5:- COPY OF THE LETTER NO.A2/120/07 DT. 15.2.07. P6:- COPY OF THE REPRESENTATION DT. 1.12.07 BEFORE THE IST RESPONDENT. P7:- COPY OF THE REPRESENTATION DT. 1.12.07 BEFORE THE 3RD RESPONDENT. P8:- COPY OF THE REPRESENTATION DT. 1.12.07 BEFORE THE FOURTH RESPONDENT. P9:- COPY OF THE STATEMENT WAS FILED ON BEHALF OF THE 4TH RESPONDENT IN WRIT PETITION IN WPC. 1161/08. P10:- COPY OF THE JUDGMENT DT. 3.3.08 IN WPC. NO1161/08 OF THIS HONOURABLE COURT. P11:- COPY OF THE GOVERNMENT LETTER NO.518/D2/08/VIG. DT. 2.4.08. P12:- COPY OF THE LETTER NO.E4(VE13/06/ALP) 12837/06 DT. 10.1.08 OF THE DIRECTOR, VIGILANCE AND ANTI CORRUPTION BUREAU. /TRUE COPY/ P.A. TO JUDGE tss V. GIRI, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 23168 OF 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 4th day of November, 2008 JUDGMENT Petitioner is aggrieved by delay in effecting payment for the repair work done by the petitioner in the Thottappally Spillway. In the counter affidavit filed respondents 2,3 and 4, it is alleged as follows: “5. The Water Resources Department on receipt of Ext.P11 and considering the view of the Finance Department has now decided to accept the recommendation of the Vigilance Department and to obtain a reassessed estimate. 6. The Water Resources Department has taken action pursuant to Ext.P11 and now issued GO(Rt) No.1079/08/WRD dated 28.10.08 in compliance with Ext.P10 judgment. It is humbly submitted that there was no willful laches on the part of the 2nd respondent in taking a decision as directed in the judgment. The above delay was caused only due to the administrative reasons such as obtaining the remarks from the Finance Department. Government is taking immediate action to obtain a reassessed estimate based on the above Government Order. It is submitted that the Government requires further six months time to quantify the amount to be paid based on the reassessed estimate.” W.P.C.No. 23168 OF 2008 -:2:- 2. I heard the learned counsel for the petitioner and the learned Government Pleader. In view of the stand taken in the counter affidavit, it is only appropriate that the Government shall take further action to obtain a reassessed estimate as mentioned in paragraph 6 of the counter affidavit, to quantify the amounts due to the petitioner and pay the same without further delay. Accordingly, respondents are directed to obtain a reassessed estimate, quantify the amount due to the petitioner and pay the same as early as possible, at any rate, on or before 30.04.2009. 3. The Writ Petition is disposed of as above. (V. GIRI, JUDGE) ttb W.P.C.No. 23168 OF 2008 -:3:-