IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 25TH JANUARY 2008 / 5TH MAGHA 1929 WP(C).No. 31969 of 2007(E) ---------------------------------------- PETITIONER: -------------------- T. NAZARUDEEN, GOVERNMENT CONTRACTOR, AMPIYIL HOUSE, KARUVATTA P.O., ALAPPUZHA DISTRICT. BY ADV. SRI.SANTHOSH MATHEW SRI.SATHISH NINAN RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, PUBLIC WORKS DEPARTMENT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, ALAPPUZHA. 3. THE EXECUTIVE ENGINEER, PUBLIC WORKS DEPARTMENT, ROADS DIVISION,ALAPPUZHA, BY GOVERNMENT PLEADER SRI. M.R. SABU THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.31969/2007 E APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF REPRESENTATION DTD. 5/06/2007 SUBMITTED BY THE PETITIONER TO THE 3RD RESPONDENT. EXT.P2: COPY OF THE LETTER NO.AB3-1290/95 DTD. 4/07/07 SENT BY THE 3RD RESPONDENT TO THE 2ND RESPONDENT AND PETITIONER. /TRUE COPY/ P.S. TO JUDGE Kss ANTONY DOMINIC, J. ------------------------------------ W.P.(C) 31969 of 2007 ------------------------------------- Dated: January 25, 2008 JUDGMENT The prayer sought for in this writ petition is to direct the respondents to disburse an amount of Rs.2,74,545/- pending payment to the petitioner as per Ext.P2. The petitioner is also claiming interest on the said amount. He submits that, on the instructions of respondents 2 and 3, he had executed the work of rectification and improvements of panchayat roads under the Arattupuzha grama panchayat, which were destroyed following the Tsunami that occurred in December 2005. 2. As is evident from Ext.P2, even according to the 3rd respondent, an amount of Rs.2,74,545/- is pending payment. Ext.P2 is dated 4.7.2007. The respondents have no dispute about the work that has been done by the petitioner, nor do they have any dispute about the amount that is to be paid. The only submission that is now made by the learned Government Pleader is that because of the shortage of the alloted funds, they could not make WP(C) 31969/2007 Page numbers payment that is due to the petitioner. 3. After making the petitioner execute the work and as there is no dispute even about the amount that is payable to the petitioner, it is too uncharitable for the respondents now to contend that shortage of funds is the reason for the non-payment. At this stage I do not think that there is any justification for holding up the admitted payment of the admitted amount that is due to the petitioner. In view of this I dispose of this writ petition directing that respondents 2 and 3 shall ensure that the amount admitted in Ext.P2 is paid to the petitioner as expeditiously as possible, at any rate, within two months from the date of production of a copy of this judgment. ANTONY DOMINIC, JUDGE mt/-