IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID TUESDAY, THE 8TH NOVEMBER 2011 / 17TH KARTHIKA 1933 WP(C).No. 15025 of 2011(C) ----------------------------------- PETITIONER : --------------------- K.H. ABDUL KHADER, S/O. HYDROSE, KOTTALIKUDI HOUSE, KUMMANAD KARA, PATTIMATTOM, REPRESENTED BY C.P. GOPALAKRISHNAN, AGED 49 YEARS, S/O. T.K. PURUSHOTHAMAN, CHAKKASSERY HOUSE, CHOORAKKODE KARA, PATTIMATTOM VILLAGE, ERNAKULAM DISTRICT. BY ADV. SRI. B.N. SHIVASHANKAR RESPONDENTS : ------------------------ 1. ASSISTANT ENGINEER, KIZHAKKAMBALAM GRAMA PANCHAYATH, KIZHAKKAMBALAM, ERNAKULAM - 683 562. 2. SECRETARY, KIZHAKKAMBALAM GRAMA PANCHAYATH, KIZHAKKAMBALAM, ERNAKULAM - 683 562. 3. KIZHAKKAMBALAM GRAMA PANCHAYATH, REPRESENTED BY SECRETARY, -DO- -DO- PIN - 683 562. ADV. SRI.G.G.MANOJ FOR R1-2 SRI.P.M.BENZIR FOR R1-2 SRI.GIREESH PANKAJAKSHAN FOR R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: DSV/- WP(C).No. 15025 of 2011(C) APPENDIX PETITIONER'S EXHIBITS: EXT P1 : COPY OF THE WORK AGREEMENT NO.53/AE/KGP/09-10 DATED 04.01.2010. EXT P2 : COPY OF THE SELECTION NOTICE DATED 02/12/2009. EXT P3 : COPY OF THE POWER OF ATTORNEY DATED 23.03.2011. EXT P4 : COPY OF THE REPRESENTATION DATED 05.05.2011. RESPONDENTS' EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE DSV/- HARUN-UL-RASHID, J. ------------------------ W.P.(C).No.15025 Of 2011 ---------------------- Dated this the 8th day of November, 2011. J U D G M E N T The writ petition is filed seeking a direction directing the respondents to disburse the amount due to the petitioner for carrying out the work as per work agreement No.53/AE/KGP/09- 10 dated 4.1.2010 in Kizhakkambalam Grama Panchayath, for a direction directing the respondents to pay interest at 9% from 11.2.2011 and for other incidental reliefs. 2. The petitioner is a contractor. According to him, he had satisfactorily completed the metalling and tarring of Cherukanal Bund Road in Ward No.VI of kizhakkambalam Grama Panchayath in Ernakulam District in Janakeeyasoothranam 2nd Phase 2009-10 pursuant to agreement No.53/AE/KGP/09-10 dated 4.1.2010. Ext.P1 is the copy of the agreement. Petitioner submits that he submitted a final bill after due measurement of the works done on 11.2.2011 to the satisfaction of the respondent. The petitioner further submits that the 1st respondent had carried out inspection as per M Book and found ::2:: W.P.(C).No.15025 Of 2011 the same satisfactory and estimated the total value of the work done at Rs.2,41,377.40/-. The petitioner submits that though the final bill was submitted on 11.2.2011, no amount was disbursed to the petitioner till date. 3. In the counter affidavit filed by the 1st respondent, the material averments in the writ petition are denied. 1st respondent disputed the averments, that petitioner submitted the final bill after due measurement of the work done to the satisfaction of the respondents and the respondents have accepted the bill without any dispute. The averment that the 1st respondent carried out inspection as per M Book and found the same satisfactory and estimated the total value at Rs.2,41,377.40/- were also denied. However, it is stated in the counter affidavit that so far as the work was not measured as per M Book and the measurement is not completed, therefore, the 1st respondent could not be able to prepare a final bill and forward the same to the 2nd respondent. In the above said circumstances, the writ petition is disposed of directing the 1st respondent to carry out the ::3:: W.P.(C).No.15025 Of 2011 measurement and prepare the final bill and forward the same to the 2nd respondent, within a period of one month from today. The 2nd respondent on receipt of the final bill shall disburse the amount due to the petitioner within a period of three weeks thereafter. HARUN-UL-RASHID, Judge. bkn/-