IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 31ST MARCH 2008 / 11TH CHAITHRA 1930 W.P(C).No. 6808 of 2008(I) ------------------------------- PETITIONER: -------------- M/S.VARKEY PATHROSE & SONS, GOVERNMENT CONTRACTOR, PALAL HOUSE, KUSUMAGIRI PO ERNAKULAM DISTRICT, REP. BY ITS MANAGING PARTNER P.P.GEORGEKUTTY. BY ADV. SRI.BABU JOSEPH KURUVATHAZHA RESPONDENTS: ----------------- 1. STATE OF KERALA REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT,DEPT OF FINANCE GOVT.SECRETARIAT, THIRUVANANTHAPURAM. 2. THE ASST. EXECUTIVE ENGINEER P.W.D. ROADS SUB DIVISION, ERNAKULAM. 3. THE DIRECTOR OF VIGILANCE & ANTI CORRUPTION BUREAU, VIGILANCE DIRECTORATE THIRUVANANTHAPURAM. BY GOVT. PLEADER, SRI. BABU THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31/03/2008, ALONG WITH WPC 6848 OF 2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. = = = = = = = = = = = = = = = = W.P.(C) Nos. 6808 & 6848 OF 2008 = = = = = = = = = = = = = = = = Dated this the 31st March, 2008 J U D G M E N T Petitioners are contractors who had executed certain works for the respondents. According to the petitioners, payments are not released and hence these writ petitions have been filed complaining of inordinate delay. 2. Govt. Pleader, on instructions, submits that it was on account of a vigilance enquiry that is going on into the award of work which led to the claim of the petitioners enumerated in Ext. P1, that payment has been delayed. 3. Learned counsel for the petitioners invite my attention to Ext. P3, a judgment rendered by a Division Bench in W.A. No. 701/07 in similar circumstances and directing that the respondents shall release the balance amount due and payable, on the petitioner therein furnishing bank guarantee which will have a life for a period of two years. It is also stated that following this judgment of the W.P.(C) Nos. 6808 & 6848 OF 2008 -2- Division Bench in identical circumstances relief has been granted on similar terms by Ext. P6 judgment in W.P.(C) No. 3912/08. 4. In view of the similarity of facts of these cases with the cases covered by the judgments referred to above these two writ petitions are also disposed of directing that the admitted amount due to the petitioners herein will be released following the priority that is fixed, if the petitioners furnish bank guarantee for the amount that is due. It is directed that the petitioners shall keep the bank guarantee alive until the vigilance enquiry is completed. The bank guarantee shall be furnished to the satisfaction of the 2nd respondent. ANTONY DOMINIC JUDGE jan/-