IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 3RD SEPTEMBER 2010 / 12TH BHADRA 1932 WP(C).No. 20357 of 2010(T) ----------------------------------------- PETITIONER(S): ------------------------ ALEXANDER, S/O.SAMUEL, KOLATTU HOSUE, SASTHAMCOTTA P.O.,KOLLAM. BY ADV. SRI.K.HARILAL RESPONDENT(S): --------------------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY,PUBLIC WORKS DEPARTMENT,SECRETARIAT, THIRUVANANTHAPURAM. 2. SUPERINTENDING ENGINEER, OFFICE OF THE SUPERINTENDING ENGINEER, BUILDING AND LOCAL WORKS SOUTH CIRCLE, THIRUVANANTHAPURAM. 3. EXECUTIVE ENGINEER, OFFICE OF THE EXECUTIVE ENGINEER, PWD BUILDING DIVISION,KOLLAM. 4. DISTRICT COLLECTOR, KOLLAM. R1 TO R4 BY GOVERNMENT PLEADER SRI. DILIP MOHAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.20357/2010 T APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE ODER O.BSC 925/07/D13 DTD. 3/10/2008 PASSED BY 2ND RESPONDENT. P2: COPY OF THE CLOSURE AGREEMENT DTD. 7/2/2009 EXECUTED BETWEEN THE PETITIONER AND 2ND RESPONDENT. P3: COPY OF THE LETTER DTD. 12/01/2009 SENT BY THE 3RD RESPONDENT TO THE 4TH RESPONDENT DIRECTING TO ISSUE CHEQUE FOR RS.2,04,208/- P4: COPY OF THE LETTER DTD. 5/06/2010 SENT BY 3RD RESPONDENT TO THE 4TH RESPONDENT DIRECTING RELEASE RETENTION AMOUNT OF RS.48,422/-. P5: COPY OF THE ORDER NO.60/2008/COM. DTD. 10/10/2008 ISSUED BY SECRETARY, FINANCE EXPENDITURE. P6: COPY OF THE CLOSURE AGREEMENT DTD. 20/03/2010 EXECUTED BY THE PETITIONER AND 2ND RESPONDENT. P7: COPY OF THE LETTER SENT BY 3RD RESPONDENT TO 4TH RESPONDENT NO.A12(A3) 133/07 DTD. 5/2/2010. P8: COPY OF THE LETTER NO.A12(A3) 1489/06 DTD. 21/03/2010 SENT BY THE 3RD RESPONDENT TO 4TH RESPONDENT. P9: COPY OF THE LETTER DTD. 5/06/2010 SENT BY THE 3RD RESPONDENT TO 4TH RESPONDENT. P10: COPY OF THE ORDER DTD. 9/03/2010 ISSUED BY THE CHIEF JUDICIAL MAGISTRATE, KOLLAM. P11: COPY OF THE ORDER DTD. 20/04/2010 PASSED IN I.A.NO.1217/2010 IN S.A.NO.311/2010. P12: COPY OF THE ORDER DTD. 14/06/2010 PASSED IN I.A.NO.1217/2010 IN S.A.NO.311/2010. P13: COPY OF THE REPRESENTATION DTD. 13/05/2010 SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT. P14: COPY OF THE REMINDER NO.1 SENT BY THE PETITIONER TO THE 4TH RESPONDENT DTD. 1/06/2010. P15: COPY OF THE REMINDER NO.2 SENT BY THE PETITIONER TO THE 4TH RESPONDENT DTD. 11/06/2010. P16: COPY OF THE A/D CARD SIGNED BY THE 4TH RESPONDENT DTD. 2/06/2010. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.S.TO JUDGE Kss ANTONY DOMINIC, J. -------------------------------------------------- W.P.(C) NO.20357 OF 2010(T) -------------------------------------------------- Dated this the 3rd day of September, 2010 J U D G M E N T Petitioner submits that he is a PWD Contractor, who had undertaken the construction of Public Health Centre and Old Age Home in Alapatt Grama Panchayat in Kollam district under MP fund provided for Tsunami Relief Scheme supervised by the 2nd respondent. It is stated that although he commenced the work, for reasons which are not attributable to him, the work was terminated at a subsequent stage. Later the 3rd respondent issued Exts.P3,P4 and P8 to P9 to the 4th respondent requesting the 4th respondent to disburse the amount recommended therein to the petitioner. The 4th respondent has not taken any further action based on the aforesaid communication. In the meanwhile, the State Bank of Travancore from where the petitioner had availed of loan to execute the work commenced recovery proceedings before the Debt Recovery Tribunal. It is in these circumstances the writ petition has been filed, praying for a direction to the 4th respondent to disburse the amount as recommended in Exts.P3,P4, P8 and P9 issued by the WPC.No.20357 /2010 :2 : 3rd respondent. 2. If as stated by the petitioner, the 3rd respondent has recommended to the 4th respondent to disburse the amount mentioned in Exts.P3,P4,P8 and P9, it is necessary that the 4th respondent should take appropriate consequential action based on the recommendation of the 3rd respondent. 3. Since the complaint of the petitioner is regarding the inaction on the part of the 4th respondent, I direct the 4th respondent to take appropriate action based on Exts.P3,P4,P8 and P9. This the 4th respondent shall do as expeditiously as possible and at any rate within 4 weeks from the date of production of a copy of the judgment along with a copy of the writ petition. Writ petition is disposed of as above. (ANTONY DOMINIC) JUDGE vi/ WPC.No.20357 /2010 :3 :