IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 9TH DECEMBER 2011 / 18TH AGRAHAYANA 1933 WP(C).No. 32080 of 2011(H) -------------------------- PETITIONER(S): --------------- P.SHYAM ALIAS SHYAM KUMAR,CALLED AS SHAJI,AGED 45 YEARS,CONTRACTOR, INDRAPRASTHA CONSTRUCTION,MURUKALAYAM, THIRUVAMPADY P.O, ALAPPUZHA. BY ADV. SRI.T.K.VIPINDAS SMT.P.K.PRIYA SRI.K.V.SREE VINAYAKAN RESPONDENT(S): --------------- 1. THOMAS JOHN,AGED 74 YEARS, S/O.THOMMAN THOMAS,PADAPPAN MAKKIL, CULLEN ROAD, ALAPPUZHA PIN 688 561. 2. THE EXECUTIVE ENGINEER PUBLIC WORKS DEPARTMENT ROAD DIVISION, ALAPPUZHA 688 561. SR.GOVT.PLEADER SMT.M.J.RAJASREE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.32080/11 APPENDIX PETITIONER'S EXHIBITS EXHIBIT P1. TRUE COPY OF THE ORDER IN I.A 300/2011 IN OS 69/2011 OF SUB COURT, ALAPPUZHA DATED 17.3.2011. EXHIBIT P2. TRUE COPY OF THE BILL SCHEDULE DETAILS FOR THE PERIOD 1-8- 2011 TO 31-8-2011. EXHIBIT P3. TRUE COPY OF THE ORDER IN I.A 691/2011 DATED 28-9-2011. EXHIBIT P4. TRUE COPY OF THE EXTENTION APPLICATION DATED 1.6.2011. EXHIBIT P5. TRUE COPY OF THE DETAILS OF PAYMENT CERTIFICATE IN RESPECT OF THE PETITIONER ISSUED BY 2ND RESPONDENT IN RESPECT OF PAZHAYANADAKKAVU ROAD AND VADAPOZHI BRIDGE. //TRUE COPY// P.A. TO JUDGE Rp ANTONY DOMINIC, J. ================ W.P.(C) NO. 32080 OF 2011 ===================== Dated this the 9th day of December, 2011 J U D G M E N T Petitioner, a Contractor has been awarded the work of (1) MLA-Scheme-Improvements to Pazhayanadakkavu Road 1st reach CC 1st and final (2) Construction of Vadapozhi Bridge and approaches connecting beach Road and Theeradesa Road and (3) MLA One Crore Scheme -Widening of Iron Bridge at Alappuzha. It is stated that for the partial execution of the said work, substantial amounts were due and that the amounts are not disbursed to him. With this complaint, the writ petition is filed. 2. Learned Government Pleader, who has obtained instructions submits that the total amount towards the part bills submitted by the petitioner is `90,76,507/-. According to the learned Government Pleader towards court attachments and other recoveries, `44,33,819/- is to be recovered and that balance to be paid is `46,42,688/-. According to the learned Government Pleader, this payment is not released for the reason that revised estimate has not been sanctioned and that the petitioner has not executed a supplementary agreement. WPC No.32080/11 :2 : 3. As far as the execution of the supplementary agreement is concerned, that certainly is the responsibility of the petitioner and it is for the petitioner to approach the 2nd respondent. Petitioner submits that he will approach the 2nd respondent and execute the supplementary agreement within two weeks and I record the said submission. 4. In so far as the sanctioning of the revised estimate is concerned, that certainly is the responsibility of the 2nd respondent and payments due to the petitioner cannot be delayed on that ground. Therefore, I dispose of this writ petition directing that, if the petitioner executes supplementary agreement as submitted by him, the 2nd respondent will ensure that necessary sanction is obtained for the revised estimate and admitted amounts due to the petitioner are disbursed at any rate within two months of the date of execution of the supplementary agreement. ANTONY DOMINIC, JUDGE Rp