IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 7TH DECEMBER 2009 / 16TH AGRAHAYANA 1931 WP(C).No. 20380 of 2009(N) ---------------------------------------- PETITIONER(S): ------------------------ SAJEEV S., PWD CONTRACTOR, 'SAMUDRA', KUZHIVILA ROAD, KULATHOOR P.O., THIRUVANANTHAPURAM. BY ADV. MR.AJITH KRISHNAN RESPONDENT(S): ---------------------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY, PUBLIC WORKS DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF MEDICAL EDUCATION, KERALA, MEDICAL COLLEGE P.O., THIRUVANANTHAPURAM. 3. THE PRINCIPAL, MEDICAL COLLEGE, MEDICAL COLLEGE P.O., THIRUVANANTHAPURAM. 4. THE CHIEF ENGINEER, P.W.D.BUILDINGS AND LOCAL WORKS, PUBLIC OFFICE, THIRUVANANTHAPURAM. 5. THE EXECUTIVE ENGINEER, P.W.D.SPECIAL BUILDINGS DIVISION, PMG JUNCTION, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER MR. RAMESH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.20380/2009 N APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE ORDER NO.P4/33537/2006/DME DTD. 23/02/2007. P2: COPY OF THE LETTER NO.D2/1542/06-07 DTD. 21/05/2009 ISSUED BY THE 5TH RESPONDENT. P3: COPY OF THE REPRESENTATION DTD. 5/06/2009 BEFORE THE RESPONDENTS. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 20380 OF 2009 -------------------------- Dated this the 7th day of December, 2009 J U D G M E N T Heard the learned counsel appearing on both sides. 2. The petitioner, a contractor who had executed the work awarded to him by the fifth respondent, has filed this writ petition aggrieved by the delay on the part of the respondents in not paying the final bill amount of Rs.9,16,610/-. As directed by this Court, the fifth respondent has filed a statement dated 29.10.2009. Paras 1 and 2 thereof read as follows: “The writ petition is filed for a direction to disburse the bill amount. This petition is related to the work of “Renovation of Ward No.8, back hall and side room in SAT Hospital, Thiruvananthapuram”. As per the request of the Superintendent, SAT Hospital, Thiruvananthapuram an estimate amounting to Rs.7.50 lakhs prepared and submitted to the Director, Medical Education, Thiruvananthapuram for according sanction and depositing sufficient fund. As such the Director of Medical Education, Thiruvananthapuram has accorded sanction for Rs.7.50 lakhs for the work as per order No.P4-33537/2006/DME dated 23.2.2007. But the amount is not deposited by the Principal, Medical College, Thiruvananthapuram till date. The work was awarded to the Government Contractor Sri. S.Sajeev @ 25% above estimate rate as he is the lowest tenderer and agreement was executed vide agreement No.12/EESB/07-08 dated 23.7.2007. 2. It is submitted that the contractor has executed the work within the period of time of completion. The Assistant Executive Engineer, Medical College Sub Division, Thiruvananthapuram has submitted the final bill to this office for making payment. While verifying the bill, the total bill amount comes to Rs.9,16,610/-including tender excess and cost of materials. As such the matter is reported to the Director of Medical Education, Thiruvananthapuram for accord sanction of Rs.9,16,610/- and deposit the said amount for making payments to the contractor W.P.(C) No. 20380/09 2 vide this office letter.No.D2-1542/06-07 dated 27.3.2009 and 21.5.09. But the said amount is not deposited and the original chelan has not yet been received in this office. The payment of the bill will be made as soon as the issuance of revised Administrative Sanction of Rs.9,16,610/- and receipt of deposit of the said amount.” 3. It is evident from a reading of the statement that as the value of the work executed by the petitioner exceeds the probable amount of contract, revised administrative sanction for the work is required. It is stated that payment will be made as soon as revised administrative sanction is received. It is also stated that the Director of Medical Education is to give revised administrative sanction for the work done. In such circumstances, I dispose of this writ petition with a direction to the competent authority among the respondents to accord revised administrative sanction for the work executed by the petitioner. This shall be done within one month from the date of production of a copy of this judgment before the second respondent. Payment of the bill shall also be effected within another month thereafter. P.N.RAVINDRAN, JUDGE vps