IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 26TH OCTOBER 2010 / 4TH KARTHIKA 1932 WP(C).No. 27251 of 2010(F) -------------------------- PETITIONER(S): --------------- K.V.JOY, GOVT. CONTRACTOR, KALLAPPARA HOUSE, KUMARAPURAM P.O., ALUVA (VIA), ERNKULAM DISTRICT. BY ADV. SRI.K.L.VARGHESE, SENIOR ADVOCATE SMT.SANTHA VARGHESE SRI.V.GOPIKRISHNA RESPONDENT(S): --------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, PUBLIC WORKS DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM -1. 2. THE CHIEF ENGINEER, PWD (ROADS & BRIDGES), THIRUVANANTHAPURAM-1. 3. THE SUPERINTENDING ENGINEER, PWD (ROADS & BRIDGES) CENTRAL CIRCLE, ALUVA - 683101. 4. THE EXECUTIVE ENGINEER, PWD ROADS & BRIDGES, DIVISION, ERNAKULAM. GOVERNMENT PLEADER SRI.T.K.ARAVINDKUMAR BABU THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC.27251/2010 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE LETTER DT 21-12-05. P2 COPY OF THE LETTER DT 18-12-06. P3 COPY OF THE JUDGMENT DT 13-11-07. P4 COPY OF THE RPORT FROM R2 TO R1. P5 COPY OF THE LETTER DT 21-10-08. P6 COPY OF THE LETTER DT 13-7-09. P7 COPY OF THE COMPARATIVE STATEMENT. P8 COPY OF THE GOVERNMENT ORDER DT 3-5-10. P9 COPY OF THE STATEMENT. P10 COPY OF THE NOTICE DT 24-08-2010. // True Copy // P.A. To Judge ANTONY DOMINIC, J. ``````````````````````````````````````````````````````` W.P.(C) No. 27251 of 2010 F ``````````````````````````````````````````````````````` Dated this the 26th day of October, 2010 J U D G M E N T Petitioner was awarded the work of construction of a bridge across Kadamprayar river near Brahmapuram for Rs.610 lacs by Government Order dated 14-07-2000. The work was completed and the bridge was inaugurated on 27- 02-2006. 2. In the meantime, there was an in ordinate delay in handing over the land required for completion of the work. It is stated that KINFRA handed over the land to PWD in March, 2004 and only thereafter, the petitioner could commence and complete the work. It is stated that the cost of work executed in the land owned by KINFRA and KSEB is worked out to Rs.2,65,38,747/- based on Schedule Rates of 1999. 3. Pointing out the delay, petitioner requested for revision of rates at 40% above the occurred rate. The request was considered and finally Government issued Ext.P8, granting enhanced rates for the works executed by the W.P.(C) No.27251/2010 : 2 : petitioner after March, 2004 in the land transferred by KINFRA and KSEB at 2004 schedule of rates, without applying the tender excess subject to a maximum of Rs.75 lacs. 4. In pursuance to Ext.P8, the amount due to the petitioner was quantified by Ext.P9. Going by Ext.P9, it is seen that the amount due to the petitioner was assumed to be Rs.80,14,312.34. However, in view of the direction in Ext.P8 Government Order that the revised amount will be limited to Rs.75 lacs, the amount payable was limited to Rs.75 lacs. Even thereafter, the amount was not disbursed and, therefore, the writ petition is filed. 5. From the counter affidavit filed on behalf of the fourth respondent, it is seen that the fourth respondent is entertaining a doubt whether from the amount payable to the petitioner, the amount including the tender excess already paid is to be deducted or not. It is seen that a clarification is sought from the Superintending Engineer vide letter dated 21- 08-2010 and it is the delay in receiving the said clarification W.P.(C) No.27251/2010 : 3 : that is stated to be the reason for not disbursing the amount due to the petitioner as per Exts.P8 and P9. 6. In my view, there is no reason for any ambiguity in the matter. The concluding portion of Ext.P8 reads as under:- “ Government have examined the matter in detail and are pleased to grant enhanced rates for the works executed after March 2004 in the land transferred by KINFRA & KSEB at 2004 SoR without applying tender excess, subject to a maximum of Rs.75 lakhs(Rupees Seventy five lakhs only).” 7. A reading of the above would show that revised rates are allowed by the Government at 2004 schedule of rates on the works executed by the petitioner after March 2004 in the land transferred by KINFRA and KSEB, without applying tender excess and limiting the same to Rs.75 lacs. A perusal of Ext.P9 shows that it is perfectly consistent with the above Government Order in which clarification has been W.P.(C) No.27251/2010 : 4 : made. If that be so, the amount of Rs.75 lacs is admittedly due to the petitioner and nothing is to be deducted from the said amount. In that view of the matter, I dispose of the writ petition, directing that the fourth respondent shall disburse the amount due to the petitioner as ordered in Ext.P8 and as quantified in Ext.P9. The amount shall be disbursed to the petitioner, as expeditiously as possible, at any rate, within eight weeks from the date of production of a copy of this judgment. (ANTONY DOMINIC, JUDGE) aks