IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 5TH SEPTEMBER 2008 / 14TH BHADRA 1930 WP(C).No. 23479 of 2008(T) -------------------------- PETITIONER: ---------------- G.V.DAVIS, GOVT.CONTRACTOR, GOPURATHINKAL HOUSE, KARUKUTTY.P.O, ANGAMALY-VIA, ERNAKULAM DISTRICT. BY ADV. SRI.BABU JOSEPH KURUVATHAZHA SRI.K.I.SAGEER RESPONDENTS: ------------------ 1. STATE OF KERALA, REP.BY ITS SECRETARY TO GOVERNMENT, DEPT.OF WATER RESOURCES, GOVT.SECRETARIAT, THIRUVANANTHAPURAM. 2. THE EXECUTIVE ENGINEER, IDAMALAYAR IRRIGATION PROJECT, CHALAKUDY, THRISSUR DISTRICT. 3. THE DIRECTOR OF VIGILANCE & ANTI CORRUPTION BUREAU, VIGILANCE DIRECTORATE, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SMT. N. SUDHA DEVI. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. SIRI JAGAN, J. ------------------------------------ W.P.(C)No.23479 OF 2008 ---------------------------------------- Dated this the 5th day of September, 2008 JUDGMENT The petitioner is a Government Contractor, who has executed certain works on behalf of the respondents. Bill amounts have not been paid to him on the ground that a vigilance enquiry is pending in respect of the contract. The petitioner submits that notwithstanding the vigilance enquiry, there cannot be any difficulty in disbursing the amounts in so far as there is no allegations against the contractor in respect of the same. He also points out that in similar matters, a Division Bench of this Court had directed payment on conditions and several other orders have been passed by learned Single Judges of this Court following that judgment. 2. I have heard the learned Government Pleader also. 3. In view of Exts.P2 and P3 judgments, I am satisfied that similar orders can be passed in this case also. Accordingly, the writ petition is disposed of with the following directions: W.P.(c)No.23479/08 2 The respondents shall release the balance amount payable to the petitioner within a period of one month from the date of receipt of a copy of this judgment, on the petitioner furnishing a bank guarantee, which will have a life for a period of two years to the satisfaction of the respondents. This shall be kept alive till the vigilance case is disposed of. However, this will not prevent the respondents from taking further action, after completion of the vigilance enquiry. S. SIRI JAGAN, JUDGE Acd W.P.(c)No.23479/08 3