IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 16TH JUNE 2009 / 26TH JYAISHTA 1931 WP(C).No. 18079 of 2008(B) -------------------------- PETITIONER: -------------- MACRO ENTERPRISES, CC28/1559,PUTHIA ROAD OLIPARAMBIL HOUSE, COCHIN 682 020,HEAD OFFICE AT 137-A,RKP PLAZA,100FEET ROAD, GANDIPURAM COIMBATORE -12,AT PRESENT HAVING THE ADDRESS AS 208/301,SHRIVATSA SIVA COMPLEX 4TH FLOOR,100 FEET ROAD,COIMBATORE -12,REP.A.N.MOHAMED @ A NAINAR MOH BY ADV. SRI.SAJAN VARGHEESE K. SRI.LIJU. M.P RESPONDENTS: ---------------- 1. DISTRICT NIRMITHI KENDRA, THRISSUR REPRESENTED BY THE PROJECT MANAGER & EXECUTIVE SECRETARY. 2. THE DISTRICT COLLECTOR & CHAIRMAN NIRMITHI KENDRA, THRISSUR. 3. THE REVENUE DIVISIONAL OFFICER & SECRETARY, NIRMITHI KENDRA, THRISSUR. ADDL. 4. THE SUPERINTENDENT OF POLICE, VIGILANCE AND ANTI CORRUPTION BUREAU, THRISSUR. (ADDL. 4TH RESPONDENT IS IMPLEADED AS PER ORDER DATED 25.06.08 IN IA NO.7749/08). ** 4. THE DEPUTY SUPERINTENDENT OF POLICE, VIGILANCE AND ANTI CORRUPTION BUREAU, SHORNUR ROAD, THRISSUR. (THE NAME OF ADDL. 4TH RESPONDENT IS SUBSTITUTED AS PER ORDER DATED 29.08.08 IN IA NO.11195/08). R1 TO R3 BY ADV. SRI.E.R.VENKATESWARAN SRI.A.SURESAN R4 BY GOVERNMENT PLEADER, SMT. N. SUDHA DEVI THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC : 18079/08 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : TRUE COPY OF THE REGISTRATION CERTIFICATE DATED 18.07.01 ISSUED TO THE PETITIONER. EXT.P2 : TRUE COPY OF THE AGREEMENT DATED 28.03.06 ENTERED BETWEEN THE PETITIONER AND THE RESPONDENT NO.1. EXT.P3 : TRUE COPY OF THE LETTER DATED 13.09.06 SENT BY THE BANK OF BARODA TO THE PETITIONER. EXT.P4 : TRUE COPY OF THE LETTER DATED 25.04.08 SEND BY THE RESPONDENT NO.1 TO THE PETITIONER. EXT.P5 : TRUE COPY OF THE LETTER DATED 18.08.07, ISSUED TO THE PETITIONER FROM THE OFFICE OF THE RESPONDENT. /TRUE COPY/ PA TO JUDGE S. SIRI JAGAN, J. ------------------------------------------------- W.P.(C)No. 18079 OF 2008 ------------------------------------------------- Dated this the 16th day of June, 2009 JUDGMENT The petitioner was awarded the work of construction of a DC* Suite project as per Ext.P2 agreement. Petitioner completed the work in respect of that agreement. According to the petitioner, an amount of Rs.23,09,841/- is due to the petitioner as revealed from Ext.P4 including Earnest Money Deposit of Rs.2 lakhs. Petitioner's grievance in this writ petition is that, allegedly on the basis of a vigilance case pending, the amount is not being disbursed to the petitioner. 2. The petitioner's contention is that even according to the Inspector of Police, Vigilance and Anti Corruption Bureau, who has filed a statement, the allegations in the Vigilance case is that the Nirmidhi Kendra Authority has misappropriated money with the connivance of the District Collector, Thrissur in utilisation of the funds allotted for the purpose and the petitioner has nothing to do with the same. The petitioner further points out that he has not been made an accused in the vigilance case also. As such, the petitioner cannot WPC : 18079/08 -:2:- be denied amounts due to him for the work done by him, is the contention raised by the petitioner. 3. A statement has been filed by the Inspector of Police, Vigilance and Anti Corruption Bureau, in which it is stated that the vigilance enquiry regarding procedural irregularities in awarding contract to the petitioner is not so far completed and therefore the amount cannot be directed to be disbursed to the petitioner. 4. I have considered the rival contentions in detail. I find that even in the statement, there is no allegation against the petitioner as such. The allegation appears to be against the Nirmidhi Kendra Authorities and the District Collector. There is not even a suggestion that the petitioner has anything to do with the alleged irregularities. In the above circumstances, I am of opinion that, the respondents can be directed to disburse the amounts due to the petitioner in respect of the work done by him pursuant to Ext.P2, on the petitioner furnishing security for the same. Accordingly, the writ petition is disposed of with the following directions: The petitioner shall produce bank guarantee for half of the amount due to him and security by way of mortgage, by deposit of WPC : 18079/08 -:3:- title deeds of immovable property, for the balance. On furnishing such security, the amounts due to the petitioner shall be disbursed to the petitioner within one month therefrom. The security furnished shall be released, if in the vigilance case it is found that the petitioner is in no way responsible for any irregularities in the matter. S. SIRI JAGAN, JUDGE ttb