IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 10TH NOVEMBER 2011 / 19TH KARTHIKA 1933 WP(C).No. 21178 of 2011(V) -------------------------- PETITIONER(S): ----------------------- BASHEER.M, AGED 63 YEARS, S/O. LATE MOHAMMED KUNJU, KALATHIL HOUSE, KAKKAZHAM.P.O, ALAPPUZHA DISTRICT. BY ADV. SRI.P.SANJAY SMT.A.PARVATHI MENON SRI.BIJU MEENATTOOR SRI.GLEN ANTONY SMT.M.VANAJA RESPONDENT(S): ----------------------- 1. STATE OF KERALA, REPRESENTED BY THE FINANCE SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001. 2. THE SUPERINTENDING ENGINEER PUBLIC WORKS DEPARTMENT ROADS AND BRIDGES, SOUTH CIRCLE, TRIVANDRUM - 695 001. 3. THE EXECUTIVE ENGINEER, PWD ROADS DIVISION, ALAPPUZHA - 688 530. GOVERNMENT PLEADER SRI.JOSEPH GEORGE THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.21178/11 APPENDIX PETITIONER'S EXHIBITS EXT.P1: TRUE COPY OF THE ORDER NO.DB.13/144/06 DTED 19.3.08 OF THE 3RD RESPONDENT. EXT.P2: TRUE COPY OF THE LETTER DATED 29.3.08 FROM THE PETITIONER TO THE 2ND RESPONDENT. EXT.P3: TRUE COPY OF THE REPRESENTATION DATED 2.1.08 FROM THE PEITIONER TO THE 2ND RESPONDENT. EXT.P4: TRUE COPY OF THE GOVERNMENT ORDER NO.27091/D1/2010 DATED 20.6.11. EXT.P5: TRUE COPY OF THE DRAFT FOR EXTENSIONO F TIME. EXT.P6: TRUE COPY OF THE DRAFT PROVIDED FOR EXTRA WORK. EXT.P7: TRUE COPY OF THE LETTER NO.AB4-6/06 OF THE 3RD RESPONDENT. EXT.P8: TRUE COPY OF THE REPRESENTATION DATED 22.7.11 FROM THE PETITIONER TO THE 2ND RESPONDENT. EXT.P9: TRUE COPY OF THE ORDER NO.27091/D1/2010 OF THE 2ND RESPONDENT DATED 26.7.11. EXT.P10: TRUE COPY OF THE REPRESENTATION DATED 2.8.11 FROM THE PETITIONER TO THE 2ND RESPONDENT. EXT.P11: TRUE COPY OF THE REPORT DATED NIL. //TRUE COPY// P.A. TO JUDGE Rp ANTONY DOMINIC, J. ================ W.P.(C) NO. 21178 OF 2011 ===================== Dated this the 10th day of November, 2011 J U D G M E N T In connection with the construction work of a bridge awarded to the petitioner, there are various disputes between the parties and as at present a suit filed by the petitioner for recovery of the amount due and compensation is pending before the Sub Court, Cherthala. Meanwhile, writ petition was filed seeking a direction to the respondents to pay the admitted amounts that are due to the petitioner. 2. Learned Government Pleader has obtained instructions in the matter and submits that an amount of `8,68,752/- is due to the petitioner. According to him, though the said amount is ready for payment, amount can be disbursed only if the petitioner executes two supplementary agreements with the 2nd respondent. 3. Taking note of the submissions thus made by the parties, this writ petition is disposed of with the following directions:- (1) That without prejudice to the contentions that are raised by the petitioner before the Civil Court, the petitioner will WPC No. 21178/11 :2 : execute supplementary agreements as required by the 2nd respondent. (2) On execution of the supplementary agreements, 3rd respondent will forthwith release payment of the admitted amount of `8,68,752/- to the petitioner. (3) It is clarified that once the suit is decided by the Civil Court, irrespective of the agreements executed, parties will be regulated by the terms of the decree passed by the court. ANTONY DOMINIC, JUDGE Rp