IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 22ND JULY 2011 / 31ST ASHADHA 1933 WP(C).No. 18453 of 2011(F) ----------------------------------------- PETITIONER(S): ------------------------ BIJU JACOB, P.T.C.TOWERS, S.S.KOVIL ROAD, THAMPANOOR, THIRUVANANTHAPURAM. BY ADVS. SRI.SAJI VARGHESE, SMT.MARIAM MATHAI. RESPONDENT(S): ----------------------------- 1. THE KERALA STATE HOUSING BOARD, REPRESENTED BY ITS SECRETARY, THIRUVANANTHAPURAM-695 001. 2. THE EXECUTIVE ENGINEER, KERALA STATE HOUSING BOARD, KOTTAYAM DIVISION, KANJIKUZHY, KOTTAYAM-686 001. 3. THE EXECUTIVE ENGINEER, KERALA STATE HOUSING BOARD, THIRUVALLA-689 101. 4. THE DEPUTY DIRECTOR, LOCAL FUND AUDIT, KERALA STATE HOUSING BOARD AUDIT, THIRUVANANTHAPURAM-695 001. BY ADV.SRI. A. JAYASANKAR, SC, KSHB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.18453/2011 F APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE AGREEMENT DTD. 17/02/1995 EXECUTED BY THE PETITIONER. P2: COPY OF THE AGREEMENT DTD. 03/11/1995 EXECUTED BY THE PETITIONER'S FATHER. P3: COPY OF THE RELEVANT PAGE OF THE HOUSING BOARD AUDIT REPORT 1999-2000. P4: COPY OF THE GOVT.ORDER NO.G.O.(P) 84/1997/PW(T) DTD. 9TH AUGUST, 1997. P5: COPY OF THE REPRESENTATION FILED BY THE PETITIONER DTD. 30/12/2010. P6: COPY OF THE LETTER ISSUED BY THE FINANCE MANAGER OF KERALA STATE HOUSING BOARD DTD. 02/04/2011. P7: COPY OF THE REGISTERED WILL EXECUTED BY THE PETITIONERS FATHER IN FAVOUR OF THE PETITIONER. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss ANTONY DOMINIC, J --------------------------------------- W.P(C) No.18453 of 2011 ---------------------------------------- Dated this the 22nd day of July, 2011. J U D G M E N T The petitioner and his father were the Contractors of the 1st respondent for the construction of Revenue Towers at Changanassery and Thiruvalla. According to the petitioner the work was completed within the extended period of time and as per the pre 1992 schedule of rates. 2. However, due to an audit objection raised by the 4th respondent, Rs.5,30,000/- and Rs.4,65,000/- due under Exts.P1 and P2, were withheld by the respondents. Subsequently, Ext.P6 letter was issued by the 1st respondent to the 4th respondent stating that the Government order, on the basis of which the audit objection was raised, was inapplicable to the case of the petitioner and his father and that therefore, audit objection should be dropped. 3. The case of the petitioner is that the 4th respondent has not taken any decision on Ext.P6 and therefore even as of now the aforesaid amounts have not W.P(C) No.18453 of 2011 2 been paid to the petitioner. It is with this grievance the writ petition is filed. 4. Heard the standing counsel appearing for the 1st respondent also. 5. According to the petitioner, due to the audit objection raised by the 4th respondent, the amount is still withheld. Now that according to the petitioner the 1st respondent has taken up matter before the 4th respondent by Ext.P6 and requested for dropping the audit objection, at this stage, what is required is that the 4th respondent should decide on the audit objection, in the light of Ext.P6 communication of the 1st respondent. The decision so taken by the 4th respondent shall be communicated to the 1st respondent and if any payment is held to be due to the petitioner, such payment shall be released. 6. Therefore, I dispose of this writ petition with the following directions: i) That on the production of a copy of the judgment along with a copy of this writ petition, W.P(C) No.18453 of 2011 3 the 4th respondent will decide on the audit objection as directed above. This shall be done as expeditiously as possible, at any rate within a period of four weeks . ii) It is made clear that once a decision is taken by the 4th respondent and if any payment is found admissible, the 1st respondent shall pay the same to the petitioner within four weeks thereafter. iii) Petitioner to produce a copy of the judgment along with a copy of this writ petition before respondents 1 and 4 for compliance. ANTONY DOMINIC ab JUDGE W.P(C) No.18453 of 2011 4