IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 8TH JANUARY 2009 / 18TH POUSHA 1930 WP(C).No. 24513 of 2008(R) -------------------------- PETITIONER(S): --------------- 1. K. VIJAYAN, CHERUVILA VEEDU, THIRUVICKAL.P.O, THIRUVANANTHAPURAM. 2. S. CHITRASENAN, PANCHACHANYAM, T.C 14/1553, MEDICAL COLLEGE.P.O, THIRUVANANTHAPURAM. BY ADV. SRI.AJITH KRISHNAN RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY, PUBLIC WORKS DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE PRINCIPAL, MEDICAL COLLEGE, THIRUVANANTHAPURAM. 3. THE CHIEF ENGINEER, PWD BUILDING AND LOCAL WORKS PUBLIC OFFICE, THIRUVANANTHAPURAM. 4. THE EXECUTIVE ENGINEER, PWD SPECIAL BUILDINGS DIVISION, THIRUVANANTHAPURAM. 5. THE ASSISTANT EXECUTIVE ENGINEER, PWD MEDICAL COLLEGE SUB DIVISION, PATTOM.P.O, THIRUVANANTHAPURAM. GOVERNMENT PLEADER FOR R1-4 BY GOVT. PLEADER SRI. P.N. SANTHOSH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX Ext.P1. True copy of the Order No.DB3 318/06 dated 12.2.2007 issued by 5th respondent. Ext.P2. True copy of the Order No.D1/17799/06/MACT/dated 9.10.2006 issued by 2nd respondent. Ext.P3. True copy of the Order No.DB-iii 317/06 dated 21.4.2007 issued by the 5th respondent. Ext.P4. True copy of the order No.D1/17793/06/MCT dated 8.11.2006 issued by the 2nd respondent. Ext.P5. True copy of the order NO.DB iii 315/06 dated 21/4/2007 issued by 5th respondent. Ext.P6. True copy of the order NO.D1/17795/06/MCT dated 20.11.2006 2nd respondent accorded administrative sanction Ext.P7. True copy of the representation dated 15.6.2008 submitted by Ist petitioner before the 4th respondent. Ext.P8. True copy of the representation dated 15.6.2008 submitted by 2nd petitoner befor ethe 4th respondent. // TRUE COPY // P.A to Judge. ANTONY DOMINIC,J. ----------------------- W.P.(C).No.24513 of 2008 ------------------------ Dated this the 8th day of January, 2009. JUDGMENT Petitioners are PWD contractors. They have executed 3 works for the 2nd respondent and the total bill amount is Rs.8,85,000/-. Although they have completed the work way back in 2006, despite having obtained administrative sanction, respondents have not released payment and therefore the writ petition is filed. 2. A counter affidavit has been filed where the entitlement of the petitioners for payment as claimed is not disputed. However the only justification for the delay in payment is that the amount was remitted in favour of the Executive engineer, Building Division, Thiruvananthapuram instead of the Executive Engineer, Special Buildings Division, Thiruvananthapuram. It is stated that in view of the mistake so committed proposal for Special Letter of Credit cannot be submitted to the Government thorough /2/ the Chief Engineer. Respondents have also stated that they have already taken steps for getting the mistake corrected and to issue Special Letter of Credit. 3. The fact that the petitioners are entitled to the payment as claimed is not disputed. It is also seen that the amount has been deposited. The only justification for the delay is the erroneous crediting of the amount to the wrong officer. That cannot be a reason for the inordinate delay in making the payment. If at all a mistake has been committed that ought to have been corrected at the earliest occasion. Since the respondents have already taken steps in that direction it is directed that payment shall be made to the petitioners as expeditiously as possible and at any rate within 8 weeks from the date of production of a copy of the judgment before the 4th respondent. Petitioner shall produce a copy of the judgment along with copy of the writ petition before the 4th respondent for compliance. (ANTONY DOMINIC) vi JUDGE /2/