IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 17TH FEBRUARY 2010 / 28TH MAGHA 1931 WP(C).No. 19670 of 2009(C) ---------------------------------------- PETITIONER(S): ------------------------- M.P.PAILY, MUNDAYIL HOUSE, KOLENCHERY P.O., ERNAKULAM. BY ADV. MR.K.BABU THOMAS RESPONDENT(S): --------------------------- 1. STATE OF KERALA, REP. BY ITS SECRETARY TO GOVERNMENT, WATER RESOURCES DEPARTMENT, SECRETARIAT, TRIVANDRUM. 2. THE SUPERINTENDING ENGINEER, MINOR IRRIGATION CIRCLE, RAVIPURAM, ERNAKULAM. 3. THE EXECUTIVE ENGINEER, MINOR IRRIGATION DIVISION, CHEMBUKAVU, THRISSUR. R1 TO R3 BY GOVERNMENT PLEADER MR. P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/02/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No. 19670 OF 2009 --------------------------------------- Dated this the 17th day of February, 2010. J U D G M E N T The petitioner was a contractor for the work namely, Palazhi Lift Irrigation Scheme in Nenmenikara Panchayath as per agreement dated 07.02.1992. The work was carried out and completed on 27.11.2000. Earlier the petitioner approached this Court by filing W.P.(C) No.35557/2004 seeking for a direction to effect payment of the final bill amount and to release the security deposit. The above writ petition was disposed of by Exhibit P1 directing the respondents to release the National Saving Certificate on furnishing bank guarantee and to release the balance amount towards the final bill on furnishing bank guarantee and both with validity period of two years to enable the Government to take a decision. Thereafter, the petitioner furnished bank guarantees, a copy of which is produced as Exhibit P2. It is averred that the final bill amount of Rs.15,368/- and security deposit of Rs.1,46,204/- have been released to the W.P.(C) No.19670/2009 2 petitioner. 2. According to the petitioner, he secured Exhibit P2 bank guarantees on deposit of margin money and on mortgage of immovable properties. In order to release the title deeds of the mortgaged properties and refund of margin money deposit, the bank directed him to surrender Exhibit P2 bank guarantees. Seeking for appropriate directions, the petitioner has filed this writ petition. 3. The 2nd respondent has filed a counter affidavit on behalf of all the respondents. It is clear from paragraph 5 of the counter affidavit that the matter was subject to consideration of the Public Account Committee and the report of the work of Kondozhinjal-Malachal-Kottamuri Lift Irrigation Scheme was finalised on 11.12.2008. Going by the report, the Government has suffered a huge loss to the tune of Rs.76,07,935/-. The department has initiated revenue recovery proceedings against the petitioner also. Exhibit R2(a) is the show cause notice issued to the petitioner. 4. It is evident from the pleadings that the bank W.P.(C) No.19670/2009 3 guarantees have expired long back and therefore, no purpose will be served by retaining them. It is required for the petitioner to get release of the documents. If the petitioner has caused loss in respect of any other work, it is upto the respondents to proceed against the petitioner, in accordance with law. Therefore, there will be a direction to return the original of Exhibit P2 namely, bank guarantees to the petitioner within a period of one month from the date of production of a copy of this judgment. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp