IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON WEDNESDAY, THE 30TH MARCH 2011 / 9TH CHAITHRA 1933 WP(C).No. 3406 of 2011(A) ------------------------- PETITIONER(S): ----------------------- K.V.JOY,GOVT.CONTRACTOR,KALLAPPARA HOUSE KUMARAPURAM.P.O, ALUVA-VIA,ERNAKULAM DISTRICT. BY ADV. SRI.BABU JOSEPH KURUVATHAZHA SRI.SREEDHARAN KARATTA RESPONDENT(S): ------------------------ 1. GOVERNMENT OF KERALA, REP. BY ITS SECRETARY, DEPT. OF PUBLIC WORKS, GOVT.SECRETARIAT THIRUVANANTHAPURAM-1 2. THE CHIEF ENGINEER,P.W.D.(ROADS & BRIDGES) PUBLIC OFFICES, MUSEUM, THIRUVANANTHAPURAM 3. THE SUPERINTENDING ENGINEER, P.W.D. (ROADS & BRIDGES),CENTRAL CIRCLE,ALUVA,ERNAKULAM DISTRICT,PIN-683101. 4. THE EXECUTIVE ENGINEER(ROADS & BRIDGES) DIVISION,KAKKANAD,ERNAKULAM,KOCHI-30. 5. NABARD,REP.BY ITS CHIEF GENERAL MANAGER, LMS COMPOUND,THIRIVANANTHAPURAM-33. GOVERNMENT PLEADER SMT.SUDHA DEVI THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: dmb WP(C).No. 3406 of 2011 A P P E N D I X PETITIONER'S EXHIBITS:- P1: COPY OF THE SELECTION NOTICE NO.DEE-1772-2003 DATED 22.7.2009 ISSUED BY THE 3RD RESPONDENT P2: COPY OF THE COMPLETION CERTIFICATE DATED 24.9.2010 ISSUED BY THE 3RD RESPONDENT P3: COPY OF THE LETTER NO.DEE-1772/2003 DATED 24.9.2010 ISSUED BY THE 3RD RESPONDENT P4: COPY OF THE REPRESENTATION DATED 6.12.2010 SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENTS 3, 4 AND 5 P5: COPY OF THE REPRESENTATION DATED 10.1.2011 SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENTS P6: COPY OF THE JUDGMENT DATED 18.9.2002 IN O.P.NO.25741/2002 OF THIS HON'BLE COURT P7: COPY OF THE JUDGMENT DATED 25.6.2004 IN CONT.CASE [C]NO.379/2004 OF THIS HON'BLE COURT P8: COPY OF THE ORDER DATED 4.5.2005 IN CIVIL APPEAL NO.3148/2005 OF THE HON'BLE SUPREME COURT OF INDIA P9: COPY OF THE ORDER DATED 10.5.2005 IN SPECIAL LEAVE TO APPEAL [CIVIL] NO.9780/2005 AND CONNECTED CASES OF THE HOB'BLE SUPREME COURT OF INDIA RESPONDENTS' EXHIBITS:- NIL //TRUE COPY// P.A. TO JUDGE P.R. RAMACHANDRA MENON J. ~~~~~~~~~~~~~~~~~~~~~~~ W.P (C) No. 3406 of 2011 ~~~~~~~~~~~~~~~~~~~~~~~ Dated, this the 30th day of March, 2011 JUDGMENT The petitioner has approached this Court with the following prayers : (i) issue a writ of mandamus or any other appropriate writ, order or direction commanding the respondents to disburse the admitted bill amount of Rs.27,83,077/- with the bonus, as per Ext. P3, that is Rs.2,71,47,138/- to the petitioner with interest at the treasury rate with effect from 13.08.2010 forthwith; (ii) issue a writ of mandamus or any other appropriate writ, order or direction commanding the 1st respondent to consider and dispose of Ext. P5 representation, in the light of Exts. P6 to P9 judgments/orders and the judgments of the Hon'ble Court in Anirudhan Vs. State of Kerala (1999 (3) KLT 1 (DB) and State of Kerala Vs, Anil (2002 (1) KLT 371 (FB), forthwith. (iii) issue such other writ, order or direction which may deem fit in the facts and circumstances of the case. 2. The learned counsel for the petitioner submits that, there is absolutely no complaint whatsoever from the part of the respondents with regard to the work carried out by the petitioner and the amount due to the petitioner is being delayed without any reason at all. 3. The learned Government Pleader appearing for the respondents submits that the Executive Engineer has already W.P. (C) No. 3406 of 2011 : 2 : forwarded the proceedings, recommending payment, to the Government and it is for the first respondent to consider the same and issue 'letter of credit' so as to facilitate the payment. In the above circumstances, the first respondent is directed to finalize the proceedings as above, in accordance with law, as expeditiously as possible, at any rate, within 'one month' from the date of receipt of a copy of this judgment.. The petitioner shall produce a copy of this judgment along with a copy of the writ petition before the first respondent for further steps. The Writ Petition is disposed of. P. R. RAMACHANDRA MENON, JUDGE kmd