IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 15TH DECEMBER 2011 / 24TH AGRAHAYANA 1933 WP(C).No. 26598 of 2011(Y) -------------------------- PETITIONER(S): --------------- S. RAJENDRAN, RAJENRA VILASOM, KANNARAVILA, PAYATTUVILA P.O.-695 510, NEYYATTINKARA TALUK, THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.P.K.VIJAYAMOHANAN SRI.ALAN PAPALI SRI.GILBERT GEORGE CORREYA SRI.V.K.BIJU SRI.NISHIL.P.S. SMT.O.V.BINDU SRI.A.VELAPPAN NAIR RESPONDENT(S): --------------- 1. THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM, CIVIL STATION, KUDAPPANAKUNNU P.O., THIRUVANANTHAPURAM-695 032. 2. THE EXECUTIVE ENGINEER, P.W.D. ROADS DIVISION, P.M.G. JUNCTION, THIRUVANANTHAPURAM-695 033. SR GP SRI. JOSEPH GEORGE THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 26598 of 2011 APPENDIX PETITIONER(S) EXHIBITS EXT.P1TRUE COPY OF THE WORK ORDER NO.D7-814(a)/07 DATED 1.9.2008 OF THE 2ND RESPONDENT TO THE PETITIONER. EXT.P2TRUE COPY OF THE BILL DATED 26.12.2008 SUBMITTED BY THE PETITIONER DULY PASSED BY THE 2ND RESPONDENT. EXT.P3TRUE COPY OF THE COMMUNICATION NO.D.7-814(a)/07 DATED 7.7.2009 FROM THE 2ND RESPONDENT TO THE 1ST RESPONDENT. EXT.P4TRUE COPY OF THE COMMUNICATION NO.KL/191/2008 DATED 1.11.2010 OF THE ASSISTANT ENGINEER, ROADS SECTION, KUNNATHUKAL TO THE 2ND RESPONDENT. /true copy/ P.A. To Judge ANTONY DOMINIC, J ....................................................... W.P.(C).26598/2011 .............................................. Dated this the 15th day of December, 2011 JUDGMENT Petitioner is a PWD Contractor. He was assigned the work of improvement of Pandaplamoodu - Marimkulam - Mayam Road under the Kunnathukal Roads Section, Neyyattinkara Roads Sub Division, Thiruvananthapuram Roads Division. This work was implemented under the 'natural calamities Scheme' following the land slide at Amboori, in Neyyattinkara Taluk. 2. Ext.P1 is the work order and there is no dispute that the work in question was completed by the petitioner to the satisfaction of the respondents. It is also seen from Ext.P2 final bill that the measurements were verified on 26.12.2008 and were check measured on 29.4.2009. Thereafter, the second respondent quantified the total value of the work, at Rs.8,98,804/- and recommended for payment of balance amount of Rs.6,07,828/-. On that basis, Ext.P3 recommendation was made by the second respondent requesting the first respondent to make payment to the petitioner. W.P.(C).26598/11 2 3. Ext.P3 recommendation was made by the second respondent, as early as on 7.7.2009. Despite the lapse of more than two years, payment that is due to the petitioner has not been made so far. It is in these circumstances the petitioner has approached this Court by filing the writ petition seeking appropriate orders for payment of the amount due to him. 4. Heard the learned Government Pleader appearing for the respondents. 5. There is no dispute about the correctness of factual assertions made by the petitioner. In such circumstances, there is absolutely no reason why the payment due to the petitioner, in terms of Ext.P2 final bill and Ext.P3 recommendation of the second respondent shall not be made. 6. Therefore, I dispose of this writ petition directing that the amounts due to the petitioner as per Exts.P2 and P3 referred to above, shall be paid to him by the first respondent as W.P.(C).26598/11 3 expeditiously as possible, at any rate, within four weeks of production of a copy of this judgment. ANTONY DOMINIC, Judge mrcs