IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON FRIDAY, THE 5TH AUGUST 2011 / 14TH SRAVANA 1933 WP(C).No. 34882 of 2007(C) -------------------------- PETITIONER(S) :- ----------------------- M.N.BHASKARAN NAIR, S/O.K.C.PADMANABHA PILLAI, AGED 74 YEARS, GOVT.CONTRACTOR, 'USHUS', PAZHAVEED P.O., ALAPPUZHA DISTRICT, PIN 688 009. BY ADV. SRI.BABU JOSEPH KURUVATHAZHA SRI.K.I.SAGEER RESPONDENT(S) :- -------------------------- 1. STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, DEPARTMENT OF PUBLIC WORKS, GOVT. SECRETARIAT, THIRUVANANTHAPURAM. 2. THE CHIEF ENGINEER, P.W.D.BUILDINGS & LOCAL WORKS, THIRUVANANTHAPURAM. 3. THE SUPERINTENDING ENGINEER, P.W.D.BUILDINGS & LOCAL WORKS, SOUTH CIRCLE, THIRUVANANTHAPURAM. 4. THE EXECUTIVE ENGINEER, P.W.D. BUILDING DIVISION, ALAPPUZHA. GOVERNMENT PLEADER SRI.S.DILIP FOR R1-4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: jvt WP(C).No.34882 OF 2007 APPENDIX Petitioner's Exhibits :- Ext.P1 :- Copy of the proceeding bearing No.BSC.8317/86/D7 dated 19.1.02 of the 3rd respondent forwarded to the 2nd respondent. Ext.P2 :- Copy of the proceeding No.B1/B2/888/80 dated 7.4.01 of the 2nd respondent forwarded to the 1st respondent. Ext.P3 :- Copy of G.O. (Rt) No.987/2002 dated 28.5.02, issued by the 1st respondent. Ext.P4 :- Copy of the proceeding No.23811/H2/2001/PWD dated 23.9.03 of the 1st respondent. Ext.P5 :- Copy of the G.O.(Rt) 983/2003/PWD dated 10.10.03 of the 1st respondent. Ext.P6 :- Copy of the supplementary agreement No.1 to the original agreement No.6/SE BSC/96-97 executed by the petitioner. Ext.P7 :- Copy of the supplementary agreement No.7 to the original agreement No.17/SEBSC/95-96 dated 28.1.03 executed by the petitioner. Ext.P7(a) :- Copy of the proceeding of the 1st respondent bearing No.8241/E1/04/PWD dated 1.2.07. Ext.P8 :- Copy of the representation dated 8.7.05 submitted by the petitioner before the respondents. Ext.P9 :- Copy of the representation dated 02.07.07 submitted by the petitioner before the respondents. Ext.P10 :- Copy of the judgment dated 29.5.2009 W.P.(C) 2882/09 of this Hon'ble Court. Ext.P11 :- Copy of the representation dated 1.6.2009 submitted by the petitioner before the 1st respondent. Ext.P12 :- Copy of the selection notice dated 12.1.2001 issued by the 3rd respondent. WP(C).No.34882 OF 2007 Ext.P13 :- Copy of the details of works involved in item Nos.7, 8, 9, 10, 11, 12, 13, 14 and 15 of agreement No.1/SEJ/2000-01. Ext.P14 :- Copy of the chart detailing the quantity of work executed by the petitioner, and the amount paid to him as per 1992 schedule of rates, the amount due to him as per Exs.P4 and P5 and the market value of 6th item of work detailed in Appendix A of Ext.P6 and 10th item of work detailed in the head 'staircase room' provided in Ext.P7, due to the petitioner at the time of execution of work during 2003, along with the data and rate. Respondent's Exhibits :- NIL. //True Copy// P.A. to Judge P.R.RAMACHANDRA MENON, J. ------------------------------------------- W.P.(C) No.34882 of 2007 ----------------------------------- Dated this the 5th day of August 2011 J U D G M E N T The petitioner is a Contractor who was awarded certain works on the basis of specific terms as agreed between him and the concerned respondent. It is stated that, although rate enhancement was given as per Exts.P4 and P5, the same was not satisfied in respect of the 6th item of work mentioned in Appendix A of Ext.P6 and the 10th item of work in respect of the head 'staircase room' provided in Ext.P7. It was in the said circumstance, that the petitioner approached this Court with a prayer to direct the respondents to disburse the payments in respect of the above works at the rate prescribed in Exts.P4 and P5. 2. The 4th respondent has filed a counter affidavit pointing out the actual facts and figures and opposing the prayer sought for. In the said circumstance, this Court finds that, this is a matter where the dispute can be resolved by W.P.(C) No.34882 of 2007 -: 2 :- raising specific pleadings and letting in evidence by the concerned parties before the Court/Forum; which exercise cannot be pursued in a writ petition under Article 226 of the Constitution of India. 3. The learned counsel for the petitioner submits that the grievance has been sought to be redressed by filing Ext.P9 representation before the Government and that the petitioner will be satisfied, if a direction is given to the Government to consider the same and pass final orders thereon within a reasonable time. 4. Having heard both sides, the writ petition is disposed of, directing the first respondent to consider Ext.P9 and pass appropriate orders thereon in accordance with law, if the same is pending as on date, as expeditiously as possible, at any rate within 'three months' from the date of receipt of a copy of this judgment. P.R. RAMACHANDRA MENON, JUDGE. Jvt