IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 26TH FEBRUARY 2009 / 7TH PHALGUNA 1930 WP(C).No. 33890 of 2008(H) --------------------------------- PETITIONER(S): ------------------ SURESH KUMAR.R.S, V.G.ELECTRICALS, K.S.BHAVAN, TC 7/1234(5), KOOTTAMVILA ROAD, VATTIYOORKAVU P.O., TRIVANDRUM. BY ADV. SRI.AJITH KRISHNAN RESPONDENT(S): -------------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY, PUBLIC WORKS DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE SECRETARY TO GOVERNMENT, FINANCE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 3. THE DIRECTORATE, THE DIRECTOR OF SOCIAL WELFARE DEPARTMENT, VIKAS BHAVAN, THIRUVANANTHAPURAM. 4. THE CHIEF ENGINEER, P.W.D.BUILDINGS AND LOCAL WORKS, PUBLIC OFFICE, THIRUVANANTHAPURAM. 5. THE EXECUTIVE ENGINEER, PWD ELECTRICAL DIVISION, THIRUVANANTHAPURAM. 6. THE EXECUTIVE ENGINEER, PWD BUILDINGS DIVISION, THIRUVANANTHAPURAM. GOVERNMENT PLEADER SMT.M.R.SREELATHA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.33890/08 APPENDIX PETITIONER'S EXHIBITS EXT.P1: TRUE COPY OF THE LETTER ISSUED BY THE 5TH RESPONDENT LETTER NO.EDT D B4-4251/06-07 DT 15.12.2007. EXT.P2: TRUE COPY OF THE AGREEMENT NO.360/EE/ELE/2007-08 BETWEEN THE PETITIONER AND THE 5TH RESPONDENT. EXT.P3: TRUE COPY OF THE NO.A4/239/08 DT 30.1.2008 ISSUED BY THE 5TH RESPONDENT. EXT.P4: TRUE COPY OF THE REPRESENTATION 5.10.2008 SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENTS. //TRUE COPY// P.A. TO JUDGE ANTONY DOMINIC, J. ============== W.P.(C) NO. 33890 OF 2008 (H) ==================== Dated this the 26th day of February, 2009 J U D G M E N T The prayer sought in this writ petition is to direct the respondents to honour the bill of the petitioner for a amount of Rs.3,27,847/- due towards the work of electrification of the newly constructed building for After Care Home for Women at Social Welfare Compound, Thiruvananthapuram forthwith. 2. Learned Government Pleader confirms that the work was executed by the petitioner. However, it is stated that the same was executed for the Social Welfare Department and the respondents can effect payment only on receipt of funds from the Social Welfare Department. 3. Irrespective of whether the work was for the Social Welfare Department or not, fact remains that at the instance of the respondents, the petitioner has executed the work to their satisfaction. If that be so, the primary responsibility for making payment rests with none else, but the respondents themselves. 4. In view of the above, I direct the 3rd and 4th respondents to ensure that the admitted bill amount that is due to the petitioner is paid. WPC 33890/08 :2 : This shall be done, as expeditiously as possible, at any rate within 8 weeks of production of a copy of this judgment. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE Rp