IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 15TH FEBRUARY 2008 / 26TH MAGHA 1929 WP(C).No. 3912 of 2008(N) ------------------------- PETITIONER: ------------ T.P.JOSEPH, GOVT. CONTRACTOR THOTTATHIL HOUSE, NADAKKAVU PO, VUDAYAMPEROOR VIA ERNAKULAM DISTRICT. BY ADV. SRI.BABU JOSEPH KURUVATHAZHA SRI.K.I.SAGEER RESPONDENTS: ------------- 1. STATE OF KERALA REP. BY PRINCIPAL SECRETARY TO GOVERNMENT DEPT. OF FINANCE, GOVT. SECRETARIAT, THIRUVANANTHAPURAM. 2. THE SECRETARY TO GOVERNMENT DEPT. OF PUBLIC WORKS, GOVT. SECRETARIAT, THIRUVANANTHAPURAM. 3. THE ASST.EXECUTIVE ENGINEER P.W.D. ROADS SUB DIVISION, ERNAKULAM. 4. THE DIRECTOR OF VIGILANCE & ANTI CORRUPTION BUREAU, VIGILANCE DIRECTORATE THIRUVANANTHAPURAM. BY GOVT. PLEADER SRI. I.V. PRAMOD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/02/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ============================= W.P.(C)NO. 3912 OF 2008 ============================== DATED THIS THE 15TH DAY OF FEBRUARY 2008 JUDGMENT The petitioner is a contractor, who has been denied payment on the ground that a vigilance enquiry in respect of the work is pending. Ext.P1, according to him, contained the details of the work he has executed and the amount that is due. It is stated by the petitioner that the payments are denied on account of the pendency of the vigilance enquiry. 2. The petitioner refers to Ext.P3, judgment of a Division Bench in W.A.No.701/2007, wherein dealing with an identical case. The Division Bench directed that the amount due be released to the appellants therein on the appellants furnishing bank guarantee. 3. The facts of this case are identical to the facts of the case in W.A.No.701/2007 dealt with by the Division Bench in the aforesaid judgment. Hence, I am satisfied that the petitioner is W.P.C. 3912/2008 -2- also entitled to the similar relief. Therefore, I dispose of the writ petition directing that depending upon the priority of the petitioner, if the petitioner furnishes bank guarantee for the amount that is due, the payment will be released to the petitioner. It is directed that the petitioner shall keep the bank guarantee alive until the vigilance enquiry is completed. The bank guarantee shall be furnished to the third respondent. ks. ANTONY DOMINIC, JUDGE