IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 16TH MARCH 2010 / 25TH PHALGUNA 1931 WP(C).No. 978 of 2010(V) ----------------------------------- PETITIONER: ------------------- V.G.ABRAHAM, S/O.GEE VARGHESE, AGED 70 YEARS, VAZHATHIL HOUSE, EDAMON P.O., PUNALUR, KOLLAM DISTRICT. BY ADVS. MR.RAM MOHAN.G, MR.G.P.SHINOD. RESPONDENTS: ------------------------ 1. POWER GRID CORPORATION OF INDIA LTD., REPRESENTED BY ITS EXECUTIVE DIRECTOR, SOUTHERN REGION TRANSMISSION SYSTEM II, SAHAKARA BHAVAN, 32, RACE COURSE ROAD, BANGALORE-560 001. 2. THE EXECUTIVE DIRECTOR, POWER GRID CORPORATION OF INDIA LTD., SOUTHERN REGION TRANSMISSION SYSTEM-II, SAHAKARA BHAVAN, 32, RACE COURSE ROAD, BANGALORE-560 001. 3. THE GENERAL MANAGER, POWER GRID CORPORATION OF INDIA LTD., CONSTRUCTION AREA OFFICE, 400/220 KV SUB STATION OFFICE, PALLIPPURAM P.O., THIRUVANANTHAPURAM 695 316. 4. THE DEPUTY GENERAL MANAGER, POWER GRID CORPORATION OF INDIA LTD., CONSTRUCTION AREA OFFICE, 400/220 KV SUB STATION OFFICE, PALLIPPURAM P.O., THIRUVANANTHAPURAM- 695 316. 5. THE MANAGER (TL), POWER GRID CORPORATION OF INDIA LTD., CONSTRUCTION AREA OFFICE, 400/220 KV SUB STATION OFFICE, PALLIPPURAM P.O., THIRUVANANTHAPURAM 695316. R1 TO R5 BY MR.MILLU DANDAPANI, S.C. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/03/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.978 OF 2010 --------------------------------------- Dated this the 16th day of March, 2010. J U D G M E N T The petitioner had executed a contract for tree cutting works in Sections 44/0 to 45/0 and 24/0 to 41/0 respectively in Kerala portion of Madurai-Trivandrum 400 KV electric line. The total amount due to the petitioner after completion of the work was Rs.11,80,864/-. He was issued three cheques dated 23.09.2004, 11.01.2005 and 18.03.2005 from the 1st respondent Corporation for Rs.2,86,879/-, 1,50,616/- and 1,61,270/- respectively. 2. There was a civil suit pending before the Sub Court, Nedumangad as O.S.No.40/2007 filed by the legal heirs of one Sivadasan Nair who was killed in an accident in the course of his employment for tree cutting works. Towards the said liability, an amount of Rs.4,90,426/- was retained by the respondents. The plaint claim was Rs.4,15,000/- with interest. 3. Earlier the petitioner had approached this Court by filing W.P.(C) No.978/2010 2 W.P.(C) No.27958/2005 seeking for a direction to release an amount of Rs.5,82,099/- which is the balance amount towards the work executed by him. This Court disposed of the writ petition as per Exhibit P1 judgment directing the respondents to settle the claim of the petitioner after either retaining the amount required to meet the claim of the legal heirs of the deceased or to settle the entire claim of the petitioner after getting a bank guarantee from him to meet the liability if any that might arise on account of settling the claim of the legal heirs of the deceased. 4. The civil suit, O.S.No.40/2007, was dismissed as per Exhibit P2 judgment. Thereafter, the petitioner requested for disbursing the withheld portion of the amount by Exhibit P3 and later by Exhibit P4 representation. A reply was given as per Exhibit P5 dated 24.07.2009 stating that the legal department of the 1st respondent Corporation has advised them that the plaintiff in O.S.No.40/2007 had two years more to challenge the decree and therefore, the Corporation was not in a position to release the withheld amount. It is in these circumstances, the petitioner has filed this writ petition. 5. The respondents have filed a statement as directed by W.P.(C) No.978/2010 3 this Court. In the statement, Annexure R1 has been produced to show the details of the amount. Going by Annexure R1 also, three cheques dated 23.09.2004, 11.01.2005 and 18.03.2005 for the respective amounts have been issued to the petitioner. The amount due to the Contractor is shown as Rs.5,36,600/- in Annexure R1. It is submitted by the learned counsel for the petitioner that the petitioner is prepared to offer bank guarantee to satisfy the amount covered by the decree in case an appeal is filed and the judgment is reversed. Already by Exhibit P1 judgment there was a direction to accept bank guarantee. Therefore, on furnishing a bank guarantee, the withheld amount of Rs.5,36,600/- will be released to the petitioner without any delay. Learned counsel for the petitioner submitted that since the amount was withheld, the petitioner is liable to be granted reasonable interest also. It is upto the petitioner to raise such a claim before the respondents and if such a claim is raised, the same will be considered. With the above direction, this writ petition is disposed of. T.R. RAMACHANDRAN NAIR JUDGE smp