IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 15TH MARCH 2010 / 24TH PHALGUNA 1931 WP(C).No. 30852 of 2007(W) ------------------------------------ PETITIONER(S): ------------------------- E.C. CHERIYAN, S/O JOSEPH CHERIYAN, CONTRACTOR, INCHIKKAL CONSTRUCTIONS THELLAKOM P.O., KOTTAYAM, BY MR.K.L.VARGHESE, SENIOR ADVOCATE BY ADV.SMT.SANTHA VARGHESE RESPONDENT(S): ------------------------ 1. STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY, GOVT. OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE PRINCIPAL SECRETARY, FINANCE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM 3. THE SUPERINTENDING ENGINEER, P.W.D., ROADS AND BRIDGES, SOUTH CIRCLE, THIRUVANANTHAPURAM. 4. THE CHIEF ENGINEER, PUBLIC WORKS DEPARTMENT, THIRUVANANTHAPURAM 5. THE EXECUTIVE ENGINEER PWD ROADS DIVISION,KOTTAYAM. 6. THE SECRETARY, PUBLIC WORKS DEPARTMENT, SECRETARIAT, TRIVANDRUM. R1 TO R6 BY GOVERNMENT PLEADER MR.K.RAMESH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/03/2010, ALONG WITH WPC NO. 37410 OF 2008 WPC NO. 37459 OF 2008 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.30852/2007 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE LETTER DTD. 31.8.04 OF 3RD RESPONDENT COMMUNICATED TO 4TH RESPONDENT. P2:- COPY OF THE CERTIFICATE DTD.3.10.07 OF THE SENIOR MANAGER OF THE SOUTH INDIAN BANK LTD., THELLAKOM BRANCH ISSUED TO PETITIONER. P3:- COPY OF THE DEMAND NOTICE DTD. 15.7.07 OF 2ND RESPONDENT ISSUED TO PETITIONER UNDER SECTION 34 OF THE KERALA REVENUE RECOVERY ACT. P4:- COPY OF THE ORDER DTD. 15.11.06 OF 2ND RESPONDENT AND L.C. NO.5081 ISSUED BASED ON THE SAID ORDER. P5:- COPY OF THE PETITIONER'S LETTER DTD. 7.12.06 FORWARDED TO 6TH RESPONDENT. P6:- COPY OF THE JUDGMENT DT.D 31.1.07 IN WPC. 1781/07 OF THE HONOURABLE HIGH COURT. P7:- COPY OF THE LETTER DTD. 15.2.07 OF PETITIONER'S COUNSEL SUBMITTED BEFORE 5TH RESPONDENT ALONG WITH EXT.P6. P8:- COPY OF THE JUDGMEN DTD. 6.3.07 IN RP. NO.246/07 OF THE LEARNED SINGLE JUDGE. P9:- COPY OF THE LETTER DTD. 24.3.07 OF PETITIONER'S COUNSEL COMMUNICATED TO RESPONDENT 1 AND 6. P10:- COPY OF THE PETITIONER'S LETTER DTD. 2.4.07 FORWARDED TO 5TH RESPONDENT. P11:- COPY OF THE LAWYER NOTICE DTD. 7.6.07 ISSUED TO RESPONDENTS 1 & 6 AT THE INSTRUCTON OF PETITIONER. P12:- COPY OF THE JUDGMENT DT.D 12.7.07 IN CON. CASE NO.892/07 OF THE LEARNED SINGLE JUDGE. P13:- COPY OF THE LETTER DTD. 31.7.07 OF PETITIONER'S COUNSEL PRODUCED BEFORE 5TH RESPONDENT. P14:- COPY OF THE 5TH RESPONDENT'S LETTER DTD. 5.9.07 FORWARDED TO 3RD RESPONDENT. W.P.(C) NO.30852/2007 P15:- COPY OF THE LETTER DTD. 20.9.07 OF 3RD RESPONDENT COMMUNICATED TO PETITIONER. P16:- COPY OF THE LETTER DT. 13.3.09 ISSUED BY 5TH RESPONDENT TO THE MANAGER, SOUTH INDIAN BANK , THELLAKAM BRANCH. P17:- COPY OF THE CERTIFICATE DTD. 22.10.09 ISSEUD BY SOUTH INDIAN BANK TO PETITIONER. P18:- COPY OF THE ORDER DT. 30.11.09 . TRUE COPY P.A. TO JUDGE tss T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). Nos.30852/2007-W, 37410/2008-C & 37459/2008-H ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 15th day of March, 2010 J U D G M E N T These writ petitions are filed seeking for a direction to disburse various amounts covered by the final bills which remained unpaid. As per interim order dated 26/10/2010 in these writ petitions, this Court directed the Government and other respondents to disburse the amounts covered by items 9 and 10 in Ext.P16 letter produced in W.P.(C).No.30852/2007, to the petitioner within a period of two weeks from the date on which the petitioner produces a copy of that order before the Executive Engineer, PWD Roads Division, Kottayam. Going by paragraph (3) of the interim order, it was noticed that a vigilance investigation was pending in respect of one item of wood and a report has not yet been received. The question regarding the sanction of the revised estimate was also noticed in the said order. Now it is submitted by the learned counsel on either side that the Government by order dated 30/11/2009 [Ext.P18 produced in W.P.(C).No.30852/2007] has sanctioned an amount of Rs.84,89,229/- towards the revised estimate. 2. It is submitted by the learned Government Pleader that the files, after completion of the vigilance enquiry, W.P.(C). No.30852/2007, 37410/2008 & 37459/2008 -:2:- have been returned by the Government. In that view of the matter, as on today, there is no objection for paying the amounts sanctioned. The learned Senior Counsel for the petitioner prayed that the Government may be directed to make the payment immediately. Since the financial year will be over by 31/03/2010 and as sanction has already been granted by the order dated 30/11/2009, the fourth respondent-Chief Engineer will effect the payment on or before 31/03/2010. All other contentions are left open. The writ petitions are closed. No costs. (T.R. Ramachandran Nair, Judge.) ms