IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 5TH JANUARY 2009 / 15TH POUSHA 1930 WP(C).No. 7760 of 2008(W) ---------------------------------------- PETITIONER(S): --------------------------- M/S.BHAGHEERATHA ENGINEERING LIMITED., HAVING ITS HEAD OFFICE AT BHAGHEERATHA RESIDENCY, BANERJI ROAD, ERNAKULAM, REPRESENTED BY ITS ASSISTANT GENERAL MANAGER,MR.K.CHANDRASEKARAN. BY ADV. SRI.ALIAS M.CHERIAN RESPONDENT(S): --------------------------- 1. STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRTARY PUBLIC WORKS DEPARTMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. CHIEF ENGINEER PUBLIC WORKS DEPARTMENT (ROAD AND BRIDGES) THIRUVANANTHAPURAM. 3. THE SUPERINTENDING ENGINEER ROADS AND BRIDGES (S) CIRCLE THIRUVANANTHAPURAM. 4. EXECUTIVE ENGINEER ROADS DIVISION, OFFICE OF THE EXECUTIVE ENGINEER ROADS DIVISION, PATHANAMTHITTA. GOVERNMENT PLEADER SMT. M.R.SREELATHA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.7760/2008 W APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF LETTER NO.DB 15-7971/97 DTD. 21/04/1999 ISSUED BY 2ND RESPONDENT. EXT.P2: COPY OF MINUTES OF THE ARBITRATION COMMITTEE DTD. 1/03/2000. EXT.P3: COPY OF GOVERNMENT ORDER (RT) NO.420/2000/PWD DTD. 24/04/2000. EXT.P4: COPY OF LETTER NO.A9-2412/96 DTD. 30/05/2000 ISSUED BY 4TH RESPONDENT. EXT.P5: COPY OF LETTER NO.C2-39503/96(P) DTD. 8/09/2000 ISSUED BY THE 2ND RESPONDENT. EXT.P6: COPY OF LETTER NO.C2-39503/96/P DTD. 31/05/2001 ISSUED BY 2ND RESPONDENT. EXT.P7: COPY OF LETTER OF ACCEPTANCE DTD. 18/04/2002. EXT.P8: COPY OF LETTER DTD. 31/05/2005 BY THE PETITIONER. EXT.P9: COPY OF LETTER DTD. 2/08/2006 BY THE PETITIONER. EXT.P10: COPY OF LETTER DTD. 6/10/2006 BY THE PETITIONER. EXT.P11: COPY OF LETTER NO.CE/R&B/39503/PTA/06 DTD.12/01/2007 ISSUED BY THE 2ND RESPONDENT. EXT.P12: COPY OF LETTER NO.CE/R&B/39503/PTA/96 DTD.SEPTEMBER 2007 ISSUED BY 2ND RESPONDENT. EXT.P13: COPY OF REPRESENTATION DTD. 2/01/2008 BY THE PETITIONER. EXT.P14: COPY OF PROCEEDINGS DTD. 29/10/2007 BY UNION BANK OF INDIA. EXT.P15: COPY OF RECOVERY PROCEEDINGS DTD. 19/04/2007 ISSUED BY TAX DEPARTMENT. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.7760 of 2008 --------------------------------- Dated, this the 5th day of January, 2009 J U D G M E N T The petitioner submits that in relation to the construction of a bridge at Ranni, Rs.20,30,846/- is due from the 1st respondent. Referring to Ext.P12, the Chief Engineer's letter to the Additional Chief Secretary dated 26/09/2007, the learned counsel for the petitioner submits that non-payment was on account of an objection raised by the Accountant General and that the Accountant General vide his letter dated 06/08/2007 has dropped the objection. It is stated that in view of this, the Chief Engineer by his aforesaid letter, recommended that payment be made to the petitioner, and that despite the said recommendation, the matter is now pending consideration of the 1st respondent, without a final decision. 2. Though it is seen from Ext.P12 that the Chief Engineer has made a positive recommendation, it is finally for the 1st respondent to take a decision. Therefore, the 1st respondent is directed to take a decision on the claim of the petitioner for payment in connection with the construction of a new bridge at Ranni in the WP(C) No.7760/2008 -2- place of the collapsed bridge across the Pamba river. The petitioner may approach the 1st respondent by filing an appropriate representation in this behalf, in which case it is directed that the 1st respondent shall decide the claim of the petitioner and if admissible, take steps for releasing adequate amount for settling the bills. The petitioner may file representation as above within two weeks from today, in which case, the claim shall be decided as above as expeditiously as possible, at any rate, within six weeks thereafter. The writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg