IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 27TH MARCH 2008 / 7TH CHAITHRA 1930 WP(C).No. 25498 of 2006(I) -------------------------- PETITIONER: -------------- SRI.V.MOHANAN, REG.A.CLASS CONTRACTOR, PATHARMALIL HOUSE, PULLUVAZHI, PERUMBAVOOR, ERNAKULAM DISTRICT. BY ADV. SRI.JOHN K.GEORGE SRI.K.S.ARUN KUMAR SRI.E.C.BINEESH SRI.G.JANARDHANA KURUP (SR.) RESPONDENTS: ----------------- 1. STATE OF KERALA, REP. BY SECRETARY, P.W.D., SECRETARIAT, THIRUVANANTHAPURAM. 2. THE SUPDT. ENGINEER, P.W.D. (R&B), CENTRAL CIRCLE, ALUVA. BY GOVERNMENT PLEADER SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.25498/06 APPENDIX PETITIONER'S EXHIBITS EXT.P1: THE TRUE COPY OF THE COMMUNICATION DT.30/3/2004. EXT.P2: THE TRUE COPY OF THE COMPLETION CERTIFICATE DT.17/1/2006. EXT.P3: THE TRUE COPY OF THE REPRESENTATION DT.19.6.2006. //TRUE COPY// P.A. TO JUDGE ANTONY DOMINIC, J. =============== W.P.(C) NO. 25498 OF 2006 I ==================== Dated this the 27th day of March, 2008 J U D G M E N T The prayer in this writ petition is for directing the respondents to disburse a sum of Rs.57,29,016.27 being the cost of the raw materials purchased by the petitioner for the execution of the contract work. 2. In the counter affidavit filed, it is stated that the amount due to the petitioner will be ripe for payment by February, 2008 and that payment to the petitioner can be effected when Rs.675 lakhs approximated is made available to the division of the 2nd respondent. Petitioner has now filed IA 4038/2008 and in the affidavit it has been stated that necessary allotment of fund for clearance of the petitioner's bill has already been sanctioned by the Government and that the said amount is now available with the 2nd respondent, who is to disburse the same to the petitioner. On this basis, direction is sought for payment of his dues. 3. From the above, the fact that certain amount of money is due to be paid to the petitioner is not in dispute and going by the petitioner's assertion, amount has been sanctioned and is available with the 2nd WPC 25498/06 :2 : respondent. Therefore, I dispose of this writ petition directing that if amount has been sanctioned and is available with the 2nd respondent, the admitted amount that is ripe and due to be paid to the petitioner, shall be paid to him expeditiously on production of a copy of this judgment. ANTONY DOMINIC,JUDGE. mt