IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN FRIDAY, THE 28TH AUGUST 2009 / 6TH BHADRA 1931 WP(C).No. 28626 of 2003(G) ------------------------------------- PETITIONER(S): --------------------- PAUL C. MATHEW, CHITTATHE HOUSE, AMBILARI, WAYANAD, KERALA. BY ADV. SRI.GEORGE POONTHOTTAM RESPONDENT(S): ----------------------- 1. KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY, VAIDHYUTHI BHAVAN, THIRUVANANTHAPURAM. 2. THE DEPUTY CHIEF ENGINEER, KERALA STATE ELECTRICITY BOARD, ELECTRICAL CIRCLE, KALPETTA, WAYANAD. 3. THE ASST.EXECUTIVE ENGINEER, ELECTRICAL MAJOR SECTION, VYTHIRI, WAYANAD. R1 – R3 BY ADV. MR.N.N.SUGUNAPALAN, SC, KSEB MR. C.K.KARUNAKARAN, SC, KSEB THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.28626/2003 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE AGREEMENT DTD. 23.7.1996. P2:- COPY OF THE ORDER ISSUED FROM THE OFFICE OF THE 2ND RESPONDENT NO.DB 12/LE/AS NO.44/97-98 DTD. 14.11.97. P3:- COPY OF THE BILL SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. P4:- COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE DEPUTY CHIEF ENGINEER, ELECTRICAL CIRCLE, KALPETTA. TRUE COPY P.A. TO JUDGE tss P.S.GOPINATHAN, J. == = = = = = = = = = = = = = = = = = WP(C).No.28626 of 2003-G. = = = == = = = = = = = = = = = = = = Dated this the 28th day of August, 2009. J U D G M E N T The petitioner had undertaken execution of certain works under the respondents. Ext.P1 is the agreement. Later, certain variations were suggested, for which Ext.P2 administrative sanction was given. According to the petitioner, he executed the work as was modified by variations and after completion Ext.P3 bill was submitted. But the payment was not made. Requesting for disbursing the amount as per Ext.P3, Ext.P4 representation was made. But it was not considered by the respondents. Feeling aggrieved, this writ petition was filed. 2. The prayers in the writ petition are the following: 1. issue a writ order or direction calling for the records leading to Exts.P1, P2 and P3 and pass appropriate orders; 2. issue a writ directing the respondents to effect payment for the works done as per Exts.P1 and P2 in terms of the entry in the M Book; 3. issue a writ directing the respondents to make payment as per Ext.P3; 4. issue a writ directing the respondents to pay the interest at the rate of 18% per annum till the date of payment from the date of preparation of M Book and the submission of the bill; WP(C).No.28626 of 2003-G. -: 2 :- 3. Today, when the writ petition came up for hearing, the learned counsel for the petitioner submitted that a direction to the respondents to dispose of Exts.P3 and P4 would suffice. It is submitted that the respondents have no difficulty in disposing Ext.P3 and P4. In the result, this writ petition is disposed of with a direction to the respondents to dispose of Exts.P3 and P4 at the earliest, not later than three months from the date of receipt of a copy of this judgment. No costs. Sd/- P.S.GOPINATHAN, JUDGE. Kvs/- /// true copy ///