IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN FRIDAY, THE 18TH SEPTEMBER 2009 / 27TH BHADRA 1931 WP(C).No. 15456 of 2009(B) ---------------------------------------- PETITIONER(S): ------------------------ SHAJI.A. PARACKA, AGED 45, S/O. ANTONY, PADUVAPURAM.P.O. ANGAMALLY, ERNAKULAM DIST. BY ADVS.MR.G.SREEKUMAR (CHELUR) MR.PREETHY KARUNAKARAN RESPONDENT(S): -------------------------- 1. THE STATE OF KERALA, REP. BY THE SECRETARY TO THE GOVERNMENT, DEPARTMENT OF WATER RESOURCES, GOVERNMENT SECRETARIAT, TRIVANDRUM. 2. THE SUPERINTENDING ENGINEER, EDAMALAYAR IRRIGATION PROJECT, PROJECT CIRCLE, PIRAVOM, ERNAKULAM DIST. 3. THE EXECUTIVE ENGINEER, EDAMALAYAR IRRIGATION PROJECT, CHALAKUDY THRISSUR DIST. 4. THE DIRECTOR OF VIGILANCE AND ANTI CORRUPTION BUREAU TRIVANDRUM. R1 TO R4 BY GOVT. PLEADER SMT.K.R.DEEPA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No.15456 of 2009-B = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 18th day of September, 2009. JUDGMENT The petitioner is one among the contractors who carried out certain works for the Edamalayar Irrigation Project. He states that he is entitled to amounts for the works done, however that, on the basis of certain vigilance enquiry, the matter is held up. The learned Government Pleader, on instructions, submits that a report has been finalised regarding the loss sustained by the Government. But, this could also be in relation to all the contractors, having regard to the nature of the work. It is also pointed out that after deducting the loss found due to the Government, the remaining amounts could be released. Taking that into consideration, it is ordered that the case WPC15456/09 -: 2 :- of the petitioner for release of amounts in terms of what is stated above will be considered and decided upon by the second respondent Superintending Engineer and appropriate action shall be taken for disbursal of such funds. If there is any subsisting dispute regarding the total amount due to the petitioner, he will be entitled to seek appropriate remedies before the competent courts. All such issues are left open. Let the needful following this judgment be done within three months from the date of receipt of a copy of this judgment. The writ petition is ordered accordingly. THOTTATHIL B.RADHAKRISHNAN, JUDGE. Sha/220909