IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 29TH MAY 2009 / 8TH JYAISHTA 1931 WP(C).No. 7420 of 2008(G) ------------------------------------- PETITIONER: ------------------- SURESH R.C,AGED 33 YEARS S/O.M.P.KUNJIRAMA PODUVAL ERAVIL, PILICODE P.O., KASARAGOD DISTRICT. BY ADV. SRI.T.K.VIPINDAS SMT.P.K.PRIYA SRI.K.V.SREE VINAYAKAN SMT.T.T.JAYANTHY RESPONDENTS: ----------------------- 1. THE SUPERINTENDENT ENGINEER P.W.D. ELECTRICAL WING,OFFICE OF THE CHIEF ENGINEER MUSEUM,THIRUVANANTHAPURAM. 2. THE ASSISTANT ENGINEER P.W.D. ELECTRICAL SUB DIVISION P.W.D. COMPLEX, PULIKUNNU KASARAGOD DISTRICT. 3. EXECUTIVE ENGINEER P.W.D. ELECTRICAL DIVISION CIVIL STATION, KOZHIKODE. 4. STATE OF KERALA REPRESENTED BY THE SECRETARY P.W.D THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SMT.SMITHA SUKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/05/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.7420 OF 2008-G APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE WORK DETAILS WHICH HAS BEEN DONE BY THE PETITIONER EXT.P2 TRUE COPY OF THE LAWYER NOTICE DATED 26.9.2007 EXT.P3 TRUE COPY OF THE LETTER OF THE ASSISTANT ENGINEER P.W.D. ELECTRICAL SECTION, KASARAGOD DISTRICT / TRUE COPY / S. SIRI JAGAN, J. ------------------------------------------------- W.P.(C)No. 7420 OF 2008 ------------------------------------------------- Dated this the 29th day of May, 2009 JUDGMENT The petitioner is a PWD Electrical Contractor who has undertaken certain works on behalf of the respondents detailed in Ext.P1. He claims to have satisfactorily completed the works on various dates in 2006 as detailed in paragraph 3 of the writ petition. His grievance in this writ petition is that the balance bill amounts due to the petitioner in respect of the works executed by him has not been paid yet. The petitioner therefore seeks the following reliefs: “i. Issue a writ in the nature of mandamus directing respondent 1 to 4 to take immediate measure to pass the bills submitted by the petitioner in respect of the work contained in Ext.P1. ii. Issue a writ in the nature of mandamus directing the 1st respondent to initiate action against the erring officials who had been instrumental in delay in clearing of the bills in spite of clear record.” 2. The only objection raised by the learned Government Pleader against the claim of the petitioner is that the petitioner has WPC :7420/08 -:2:- not signed the measurement book. According to the petitioner, he has not signed the measurement book since the measurement was taken only in 2008 although the work was completed in 2006 and if he signs that measurement book, there is every possibility of the respondents taking the stand that the work was completed only in 2008. However, he frankly admits that he has no objection in the measurements recorded in the measurement book. 3. I am of opinion that it cannot be said that the apprehension of the petitioner is totally unfounded. In so far as in paragraph No.3 the petitioner has specifically stated that the completion reports relating to the works were submitted in 2006 itself and in the counter affidavit filed by respondents 1 and 3 there is no denial of the said averment, I do not think that the respondents can now take a contention that the work was not completed in 2006. In the above circumstances, the writ petition is disposed of with the following directions: The petitioner shall present himself before the 3rd respondent, who shall get the measurement book signed by the petitioner. Simply because the petitioner has signed the measurement book, no WPC :7420/08 -:3:- inference would be drawn that he has completed the work only on the date of taking the measurement. On the petitioner signing the measurement book, bill amounts due to him shall be disbursed within two months therefrom. S. SIRI JAGAN, JUDGE ttb