IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 2ND NOVEMBER 2011 / 11TH KARTHIKA 1933 WP(C).No. 19639 of 2011(D) -------------------------- PETITIONER: --------------- LONAPPAN.K.K,AGED 58 YEARS, S/O.K.L.KUNJIPAILY,KATTOOKKARAN HOUSE, P.O.ANNAMMANADA,THRISSUR DISTRICT,PIN-680741. BY ADV. SRI.P.K.IBRAHIM SMT.K.P.AMBIKA RESPONDENT(S): --------------- 1. THE SECRETARY,DEPARTMENT(B)PORT AND FISHERIES,THIRUVANANTHAPURAM. 2. THE EXECUTIVE ENGINEER,HARBOUR ENGINEERING DIVISION,ERNAKULAM. 3. THE DIRECTOR,OFFICE OF THE DIRECTOR OF FISHERIES,THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SMT. SANJEETHA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 19639 of 2011(D) APPENDIX EXT.P1: TRUE COPY OF THE AGREEMENT BETWEEN THE PETITIONER AND THE 2ND RESPONDENT ON 24.7.2009 EXT.P2: TRUE COPY OF THE COMMUNICATION DATED 24.7.2009 EXT.P3: TRUE COPY OF THE ORDER DATED 17.9.2009 ACCORDED SANCTION TO EXECUTE POWER OF ATTORNEY IN FAVOUR OF M/S. FEDERAL BANK. EXT.P4: TRUE COPY OF THE REPRESENTATION BEFORE THE MINISTER FOR FISHERIES DATED 26.4.2011 EXT.P5: TRUE COPY OF THE COMMUNICATION FROM THE 1ST RESPONDENT DATED 18.6.2011 EXT.P6: TRUE COPY OF THE CERTIFICATE ISSUED BY THE FEDERAL BANK DATED 9.7.2011 RESPONDENTS EXHIBITS: NIL TRUE COPY P.A TO JUDGE jma ANTONY DOMINIC, J. ---------------------------------------------------- W.P(C) No. 19639 of 2011 ---------------------------------------------------- Dated this the 2nd day of November, 2011 J U D G M E N T The petitioner was awarded the work of constructing Fish Landing Centre at Edakkazhiyoor in Punnayoor Grama Panchayat of Thrissur District. He has completed the work. In this writ petition his complaint is that the amount due to him for the execution of the aforesaid work, has not been paid. On this basis petitioner seeks a direction to the respondents to pay him the amount due. 2. The learned Government Pleader has obtained instructions in the matter. According to the learned Government Pleader an amount of `15,61,248/- was due to the petitioner for the aforesaid work in respect of which Ext.P1 agreement was entered into between the parties. It is stated that out of the said amount, `9,48,967/- has already been paid and that the balance amount due to the petitioner is `6,12,281/-. 3. According to the learned Government Pleader, the project was executed under a scheme sponsored by the WPC.NO.19639/2011 : 2 : Central Government, in terms of which 50% of the project cost is to be paid by the Central Government as subsidy to the State Government. It is stated that the Central Government have not so far disbursed the subsidy amount and it is therefore, that the amount could not be paid to the petitioner. On this basis, learned Government Pleader submits that the respondents cannot at this stage be directed to pay the amount due to the petitioner. 4. I have considered the submissions made. Liability to pay `6,12,281/- to the petitioner is thus admitted by the respondents. Ext.P1 is the agreement between the parties. This agreement does not say that the amount due to the petitioner would be paid only on the respondents herein receiving the subsidy amount due from the Central Government. If that be so, irrespective of whether the subsidy amount has been received or not, petitioner is entitled to be paid all his dues and respondents have the liability to make such payments. Therefore, I am not impressed by the argument of the learned Government Pleader that in the absence of having received, payment cannot be made to the petitioner. WPC.NO.19639/2011 : 3 : In such circumstances, respondents are directed to pay the admitted amount of `6,12,281/- to the petitioner. This respondents shall do as expeditiously as possible, at any rate, within eight weeks from the date of production of a copy of this judgment. Sd/- ANTONY DOMINIC, JUDGE jma //true copy// P.A to JUDGE