IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 26TH MAY 2011 / 5TH JYAISHTA 1933 WP(C).No. 20286 of 2010(I) -------------------------- PETITIONER: ------------------ T.P.ANTONY, S/O.POULOSE,AGED 48 YEARS, THOTTATHIL HOUSE,NADAKKAVU.P.O,MANAKUNNAM VILLAGE, KANAYANNOOR TALUK,ERNAKULAM DISTRICT. BY ADV. SRI.K.J.KURIACHAN RESPONDENTS: ---------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT FISHERIES AND HARBOUR ENGINEERING DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE SUPERINTENDING ENGINEER,HARBOUR ENGINEERING,CENTRAL CIRCLE, ERNAKULAM, PARAMARA ROAD, ERNAKULAM NORTH,KOCHI-18. 3. THE EXECUTIVE ENGINEER,HARBOUR ENGINEERING DIVISION,MUNAMBAM. R1 TO R3 BY GOVT. PLEADER : M.H. HANIL KUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26/05/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ..2/- W.P (C) No.20286/2010 -2- APPENDIX PETITIONER'S EXHIBITS EXT.P1 – TRUE COPY OF LETTER DATED 05-02-2010 ISSUED BY THE PETITIONER TO 2ND RESPONDENT WITH COPY TO 3RD RESPONDENT. EXT.P2 – TRUE COPYOF LETTER DATED 20-04-2010 ISSUED BY THE PETITIONER TO 1ST RESPONDENT WITH COPY TO 2ND AND 3RD RESPONDENTS. EXT.P3 – TRUE COPY SPEED POST PROOF OF DELIVERY DATED 24-04-2010 EVIDENCING RECEIPT OF EXT.P2 BY 1ST RESPONDENT. EXT.P4 – TRUE COPY POSTAL ACKNOWLEDGMENT CARD DATED NIL EVIDENCING RECEIPT OF EXT.P2 BY 2ND RESPONDENT. RESPONDENTS EXHIBITS NIL //TRUE COPY// P.A. TO JUDGE AMG P.R.RAMACHANDRA MENON, J -------------------------------------- W.P.(C) No.20286 OF 2010 -------------------------------------------------- Dated this the 26th day of May 2011 JUDGMENT The petitioner was awarded a work contract by the Harbour Engineering Department for the State. As the successful bidder, the work was approved by the Government at 30% above the schedule of rates after negotiation and the work was completed by the petitioner to the satisfaction of all concerned. However, a sum of Rs.6,74,040.40 was withheld from the final bill amounts payable to the petitioner. Despite many a demand made in this regard, no positive action was made, which compelled the petitioner to approach this Court by filing this Writ Petition. 2. The respondents have filed a counter affidavit, wherein the reason for withholding of the amount and the sequence of events have been described as given in para 4, which is extracted below: “It is submitted that amount of Rs.6,74,040.60 has been withheld from the contractor's bill, based on the audit objection raised by the Accountant General dated 03-11-2009, wherein it was stated that, although contractors profit of 10% is allowable on market rate components, no tender excess can be admitted.” 3. The learned counsel for the petitioner submits that, going by the contents of the counter affidavit, it is quite obvious that there is absolutely no rhyme or reason for having withheld the amount without any authority under law and hence the petitioner is entitled to have the same disbursed with interest. W.P.(C) No.20286/2011 2 4. Heard the learned Govt. Pleader as well. 5. Considering the facts and circumstances, there will be a direction to release the due amount to the petitioner, forthwith, at any rate within 'one month' from the date of receipt of a copy of this judgment. The claim of the petitioner with regard to the eligibility to have '1 % bonus' on the value of the contract, for having completed the work as specified and also with regard to the 'interest' for belated payment, is left open. Writ Petition is disposed of. vdv P.R.RAMACHANDRA MENON, JUDGE