IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 6TH OCTOBER 2009 / 14TH ASWINA 1931 WP(C).No. 8002 of 2007(C) ------------------------- PETITIONER(S): ----------------- SHAJU PAUL, KACHAPPILLI HOUSE, ANGAMALY SOUTH P.O., ERNAKULAM DISTRICT. BY ADV. SRI.BABU JOSEPH KURUVATHAZHA SRI.K.I.SAGEER RESPONDENT(S): ------------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, DEPARTMENT OF IRRIGATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. EXECUTIVE ENGINEER, IRRIGATION DIVISION, ERNAKULAM. GOVERNMENT PLEADER SRI.SANIL KUMAR FOR R1 TO 4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.8002/07 APPENDIX PETITIONER'S EXHIBITS EXT.P1: TRUE COPY OF THE SELECTION NOTICE BEARING NO.A4- 813.D/05. DT 2.11.2005 ISSUED BY THE 2ND RESPONDENT. EXT.P2: TRUE PHOTOCOPY OF THE RELEVANT PORTION OF the BILL RGISTER, EVIDENCING THE REGISTRATION OF the BILL, FOR AN AMOUNT OF RS.12,17,440. EXT.P3: A TRUE COPY OF THE REPRESENTATION FILED BY THE PETITIOENR BEFORE THE 2ND RESPONDENT DT 4.1.07. EXT.P4: TRUE COPY OF THE ORDER IN WPCNO.35023/05 DT 14.2.2007 OF THIS HON'BLE COURT. //TRUE COPY// P.A. TO JUDGE Rp ANTONY DOMINIC, J. ================ W.P.(C) NO. 8002 OF 2007 (C) ===================== Dated this the 6th day of October, 2009 J U D G M E N T Petitioner is an A Class Contractor of the Kerala PWD. Tender for the work of Tsunami-urgent reformation of damaged sea wall between Ch. 11440 m to 11515 m at Edavanakad in Vypeen Taluk between C.P. Stone 4057 and 4059 was invited on 2/6/2005 vide tender notice 1/2005-06 dated 16/5/2005 for an estimate PAC of Rs.10,13,872/-. Petitioner quoted 22.9% above the PAC. During the negotiation, he reduced his rate quoted to 20% above the PAC and thus the contract amount was fixed at Rs.12,16,646/-. The work was completed, but however when payment was made, he was not paid the full amount and it was therefore that he filed this writ petition praying for directing the respondents to pay the balance amount that is due. 2. In the counter affidavit, respondents submit that as against the mutually agreed contract amount of Rs.12,16,646/-, the petitioner was paid only Rs.10,13,550/-. The reason for non payment of the balance amount is that the Government issued letter of credit vide GO(Rt) No.4432/06/Fin. dated 17/6/06 WPC 8002/07 :2 : specifying that payment shall not involve tender excess under any circumstances. In the counter affidavit filed, justification for non payment of the contract amount is that the work involved was under the Tsunami Rehabilitation Project. 3. Irrespective of the nature of the work and the project under which it was executed, fact remains that the parties were governed by terms of an agreement and that as per the said agreement, admittedly, the petitioner has entitlement to receive payment of Rs.12,16,646/-. Even going by the averments in the counter affidavit, only Rs.10,13,550 has been paid. If so, the balance amount is liable to be paid and there is no reason to deny payment of the said amount. In view of the above, the writ petition is disposed of directing the respondents to pay the balance amount that is due to the petitioner for the aforesaid work executed by him. The amount shall be paid, as expeditiously as possible, at any rate within 3 months of production of a copy of this judgment. ANTONY DOMINIC, JUDGE Rp