IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 9TH MARCH 2010 / 18TH PHALGUNA 1931 WP(C).No. 26025 of 2009(W) -------------------------- PETITIONER: ------------- GEORGE KURUVILLA, S/O. C.O.KURUVILLA, SANKARAMANGALAM, ERAVIPEROOR. BY ADV. SRI.SATHISH NINAN RESPONDENTS: ----------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, PUBLIC WORKS DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE EXECUTIVE ENGINEER, P.W.D.ROADS DIVISION, KOTTAYAM. 3. THE BHARAT PETROLEUM CORPORATION LTD., KOCHI REFINERY MARKETING OFFICE, AMBALAMUGAL, KOCHI-682 302. R1 & R2 BY GOVT. PLEADER, SRI. M.A. ASIF R3 BY ADV. SRI.E.K.NANDAKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 26025 of 2009(W) APPENDIX PETITIONER'S EXHIBIT: EXT.P1 : TRUE COPY OF THE COMMUNICATION DATED 16.03.09. RESPONDENTS' EXHIBITS: EXT.R3(A) : TRUE COPY OF THE COVERING LETTER SEND BY THE EXECUTIVE ENGINEER, ROADS DIVISION, KOTTAYAM ENCLOSING DEMAND DRAFT TOWARDS COST OF ONE LOAD PACKED BITUMEN. EXT.R3(B) : TRUE COPY OF THE LETTER DATED 02.06.07 ISSUED BY THE PETITIONER AUTHORISING CHACKO YOHANNAN TO RECEIVE ONE LOAD OF PACKED BITUMEN. EXT.R3(C) : TRUE COPY OF THE REQUEST FOR ISSUANCE OF PACKED BITUMEN BARRELS SUBMITTED BY CHACKO YOHANNAN. EXT.R3(D) : TRUE COPY OF THE COMMUNICATION DATED 28.01.09 REGARDING THE DECISIONS TAKEN DURING THE MEETING HELD WITH THE CHIEF ENGINEER, PWD ON 11.12.2008. EXT.R3(E) : TRUE COPY OF THE DEMAND DRAFT AND INVOICE DETAILS FOR THE PERIOD 01.06.07 TO 30.06.07. /TRUE COPY/ PA TO JUDGE T.R.Ramachandran Nair, J. ------------------------------------------ W.P.(C) No.26025 of 2009 ------------------------------------------ Dated this the 9th day of March, 2010 JUDGMENT Petitioner is a contractor who had undertaken the work for tarring of Mundakkayam-Koruthodu-Mookkenpetty- Pampavally Road 8/00 to 13/00. The work was completed and towards the cost of Bitumen purchased from Bharat Petroleum Corporation Limited, invoices were issued and the same were submitted to the office of the Executive Engineer. The writ petition is filed seeking for a direction to the respondents to effect payment of the invoice bearing No.6300039582 dated 2.6.2007 for a sum of Rs.2,15,434/- referred to in Ext.P1. 2. The case of the petitioner is that the invoice submitted by him has been misplaced in the office of the Executive Engineer. According to the second respondent, no invoice is produced before the said respondent. W.P.(C) No.26025 of 2009 - 2 - 3. The third respondent has filed an additional counter affidavit also stating various aspects of the matter. Finally, in paragraph 8, it is stated that if the petitioner gives an undertaking before this Court that the invoice of which the petitioner seeks duplicate has not been submitted before any other authority including the Public Works Department for encashment, duplicate can be issued. It is also specified in the said counter affidavit that the petitioner and second respondent shall jointly undertake that they would indemnify the third respondent Corporation in respect of any liability, monetary or otherwise, that would occur at a later date. The petitioner has filed such an affidavit on 18.2.2010 swearing that he has not submitted invoice bearing No.6300039582 dated 2.6.2007 before any other authority for encashment. 4. The learned Standing Counsel appearing for the third respondent submitted that the petitioner shall file an undertaking before the third respondent also on similar lines W.P.(C) No.26025 of 2009 - 3 - and on furnishing such an undertaking, duplicate copy of the original invoices which are stated to have been misplaced will be issued to enable the petitioner to get the value of the bitumen. If the petitioner files such an undertaking along with a copy of this judgment, the third respondent will issue duplicate copies, which will be produced before the second respondent for encashment. Writ petition is disposed of as above. T.R.Ramachandran Nair, Judge vns