IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 27TH JUNE 2011 / 6TH ASHADHA 1933 WP(C).No. 9434 of 2011(D) --------------------- PETITIONER: ------------------ M.SANTHOSH KUMAR, PUBLIC WORKS DEPARTMENT CONTRACTOR ASWATHY, TC.4/2176 (4),MARAPPALAM, PATTOM PO, THIRUVANANTHAPURAM-695 004. BY ADV. SRI.AJITH KRISHNAN RESPONDENTS: ---------------------- 1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT PUBLIC WORKS DEPARTMENT,GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695 001. 2. THE CHIEF ENGINEER PUBLIC WORKS DEPARTMENT ROADS & BRIDGES PUBLIC OFFICE, THIRUVANANTHAPURAM 695 003. 3. THE EXECUTIVE ENGINEER PUBLIC WORKS DEPARTMENT ROADS DIVISION THIRUVANANTHAPURAM 695 033. 4. THE ASSISTANT EXECUTIVE ENGINEER PUBLIC WORKS DEPARTMENT CITY ROADS SUB DIVISION THIRUVANANTHAPURAM 695 033. R1 TO R4 BY GOVT. PLEADER SRI. L.G. SURESH BABU THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P (C) No.9434/2011 -2- APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : COPY OF THE LETTER No.D6-1300/07 DATED 26-04-2007 ISSUED BY THE 3RD RESPONDENT. EXT.P2 : COPY OF THE No.DB4/2222/07 DATED 12-06-2007 ISSUED BY THE SUPERINTENDING ENGINEER, PWD. EXT.P3 : COPY OF THE RELEVANT PAGES OF THE MEASUREMENT BOOK AND COVERING LETTER ISSUED BY THE ASSISTANT ENGINEER TO THE 4TH RESPONDENT. EXT.P4 : COPY OF THE BILL DATED 31-05-2007 BY THE PETITIONER. EXT.P5 : COPY OF THE REPRESENTATION DATED 28-01-2011 SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENTS. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.A. TO JUDGE AMG ANTONY DOMINIC, J. ------------------------------------------------- W.P.(C)No. 9434 OF 2011 ------------------------------------------------- DATED THIS THE 27th DAY OF JUNE, 2011 J U D G M E N T The writ petition has been filed with the following prayer. “Issue a writ of mandamus or writ of similar nature or order or direction commanding the respondents to disburse the balance amount of Rs.2,40,970/- (Rupees two lakhs forty thousand nine hundred and seventy only) to the petitioner with respect to the work of raising of road and providing 20 m.m. CC near Poothura junction in Kumari chantha-Poonthura Road forthwith:” 2. In paragraph 6 of the statement filed by the 4th respondent it has been stated thus: “It is submitted that this respondent will immediately disburse the bill amount of Rs.2,40,970/- after deducting the cost of the materials supplied by the department and other statutory charges from the bill amount of the contract.” 3. In view of the above averments in the statement, the writ petition is disposed of directing that the amount due to the petitioner shall be disbursed within six weeks of production of a copy of this judgment. Sd/- ANTONY DOMINIC JUDGE AMG True copy P.A to Judge