IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH MONDAY, THE 18TH FEBRUARY 2008 / 29TH MAGHA 1929 WP(C).No. 4890 of 2006(F) ------------------------------------- PETITIONER: ------------------- G.V.DAVIS, GOVT.CONTRACTORS, GOPURATHINKAL HOUSE, KARUKUTTY P.O., ANGAMALY-VIA, ERNAKULAM DISTRICT. BY ADV. SRI.BABU JOSEPH KURUVATHAZHA SRI.P.C.ANIL KUMAR RESPONDENTS: ------------------------ 1. STATE OF KERALA, REP. BY ITS SECRETARY TO GOVERNMENT, DEPT. OF WATER RESOURCES, GOVT. SECRETARIAT, THIRUVANANTHAPURAM. 2. THE SUPERINTENDING ENGINEER, IDAMALAYAR IRRIGATION PROJECT, PROJECT CIRCLE, PIRAVOM, ERNAKULAM DISTRICT. 3. THE EXECUTIVE ENGINEER, IDAMALAYAR IRRIGATION PROJECT, CHALAKUDY, THRISSUR DISTRICT. 4. THE DIRECTOR, VIGILANCE DEPARTMENT, THIRUVANANTHAPURAM. 5. THE EXECUTIVE ENGINEER, P.W.D. ROADS DIVISION, THRISSUR. BY GOVERNMENT PLEADER M.P.SREEKRISHNAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.4890/2006 APPENDIX PETITIONERS EXHIBITS EXT.P1:- COPY OF THE G.O.(RT) NO.6851/05/FIN. DT. 5.10.05 ISSUED BY THE GOVERNMENT. EXT.P2:- COPY OF THE JUDGMENT DT. 11.11.2005 IN WPC. NO.11936/04 OF THIS HONOURABLE COURT. EXT.P3:- COPY OF THE REPRESENTATION DT. 1.2.06 FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT WITH ITS COPIES TO OTHER RESPONDENTS. EXT.P4:- COPY OF THE REPRESENTATION DT. 6.2.06 FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. EXT.P5:- COPY OF THE JUDGMENTDT. 4.6.07 IN WA. NO.701/07 OF THIS HONOURABLE COURT. EXT.P6:- COPY OF THE JUDGMENT DT..12.12.07 IN WP(C0 NO.22656/07 OF THIS HONOURABLE COURT. /TRUE COPY/ P.S. TO JUDGE tss K. M. JOSEPH, J. -------------------------------------- W.P.C. NO. 4890 OF 2006 F -------------------------------------- Dated this the 18th February, 2008 JUDGMENT The prayer in the Writ Petition is for a direction to the respondents to disburse the balance fifty per cent of the bill amount due to the petitioner on the basis of Ext.P1 letter of credit, and also for a direction to respondents 2 and 3 to consider and dispose of Exts.P3 and P4 representations. 2. Petitioner is a Government contractor. Fifty per cent of the amount due to him has been withheld on the ground that vigilance case is pending against him. Petitioner relies on Judgments of this Court including that of the Division Bench under which direction has been issued to pay the balance amount subject to furnishing Bank Guarantee for two years. 3. I heard the learned counsel for the petitioner and the learned Government Pleader. Learned Government Pleader has not disputed the fact that in similar matters, orders have been issued directing payment of the balance amount on furnishing WPC. 4890/06 F 2 Bank Guarantee for a period of two years. In such circumstances, petitioner is also entitled to the same treatment. 4. Accordingly, the Writ Petition is disposed of directing the second respondent to disburse the balance amount remaining to be paid, to the petitioner, which the learned Government Pleader submits is Rs.8,07,517/= upon the petitioner furnishing Bank Guarantee valid for a period of two years. The amount shall be released to the petitioner within a period of one month from the date on which the petitioner furnishes Bank Guarantee in an aforesaid sum. K. M. JOSEPH, JUDGE kbk.