IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 8TH MARCH 2010 / 17TH PHALGUNA 1931 WP(C).No. 844 of 2009(A) ------------------------ PETITIONER: --------------- A.JOHN, PROPRIETOR, ANSONS GROUP, ARCHITECTS AND ENGINEERS, UNION AUTO BUILDINGS, MUNCIPAL JUNCTION, KOTTAYAM. BY ADV. SRI.P.KURUVILLA JACOB RESPONDENTS: --------------- 1. STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY TO THE DEPARTMENT OF HEALTH AND FAMILY WELFARE, SECRETARIAT, TRIVANDRUM. 2. THE DIRECTOR, DEPARTMENT OF HEALTH SERVICES AND FAMILY WELFARE, TRIVANDRUM. 3. THE EXECUTIVE ENGINEER, L.S.G.D. DIVISION, KOTTAYAM. 4. THE SUPERINTENDENT, DISTRICT HOSPITAL, KOTTAYAM. GOVERNMENT PLEADER FOR R1-4 SRI.K.RAMESH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 844 of 2009(A) APPENDIX PETITIONER'S EXHIBITS:- EXHIBIT P1 : Letter dated 10/6/05 of 3rd respondent communicated to petitioner. EXHIBIT P2 : Petitioner's covering letter dtd.18/8/05 and copy of his bill for Rs.64,283/- forwarded to 3rd respondent. EXHIBIT P3 : 3rd respondent's letter dtd.12/5/06 forwarded to 4th respondent. EXHIBIT P4 : 4th respondent's reply dtd.28/10/06 forwarded to petitioner. EXHIBIT P5 : 2nd respondent's letter dtd.1/12/06 communicated to petitioner along with answers given to petitioner's questions. EXHIBIT P6 : Petitioner's letter dtd.25/9/08 sent to respondents 1& 2 by speed post. RESPONDENT'S EXHIBITS:- Nil True copy P.A. to Judge T.R.RAMACHANDRAN NAIR, J. ------------------------------------------------ W.P.(C)No.844 of 2009 ------------------------------------------------ Dated this the 8th day of March, 2010 JUDGMENT The relief sought for in the writ petition is to honour the bills produced by the petitioner for drawings and estimate for the construction of additional block for the psychiatry unit for the District Hospital, Kottayam. The total amount claimed by the petitioner is Rs.64,283/-. The petitioner is the proprietor of an Architectural establishment at Kottayam engaged in necessary preparation for drawings etc. 2. The first respondent has filed a counter affidavit in the matter disputing the liability of the amount. The Health Department has not authorised the petitioner to prepare the plan and estimate of the project. The learned counsel for the petitioner brought to my notice an order passed by the Director of Health Services, as Order No.PLA3-8777/09/DHS, dated 23/10/2009. Therein sanction has been granted for payment of Rs.64,283/- for structural design of the survey prepared by the petitioner. The operative portion of the order reads as follows:- “In the view of the above, administrative sanction is accorded for the payment of an amount of Rs.64,283/- (Sixty four thousand two hundred and eighty three only) W.P.(C)No.844 of 2009 2 for the structural design of the Psychiatry department prepared by Shri.A.John, Ansons Group, Architects and Engineers, Union Auto Building, Municipal Junction, Kottayam. Meet the expenditure from funds available under Dist. Level Mental Health Programme.” 3. The learned counsel for the petitioner prayed that the fourth respondent may be directed to effect the payment in terms of the above order. 4. There will be a direction to the fourth respondent to effect the payment in terms of the order dated 23/10/2009 passed by the Director of Health Services within a period of one month from the date of receipt of a copy of this judgment. The petitioner will produce a copy of the judgment along with the copy of the order dated 23/10/2009 passed by the Director of Health Services, for compliance. The writ petition is disposed of as above. No costs. T.R.RAMACHANDRAN NAIR, JUDGE skj