IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
WEDNESDAY, THE 27TH DAY OF JULY 2022 / 5TH SRAVANA, 1944
WP(C) NO. 24323 OF 2022
PETITIONER/S:
N.KANAKARAJ
AGED 50 YEARS, S/O.NESAN J., RESIDING AT GEETHAM HOUSE,
PARAYAMVILA, VIRALY, KULATHOOR, UCHAKKADA P.O.,
THIRUVANANTHAPURAM DISTRICT - 695 506.
BY ADVS.
R.NIKHIL(K/447/2007)
MISHAL M.DASAN
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY THE PRINCIPAL SECRETARY, FINANCE
(INDUSTRIES & PUBLIC WORKS-B) DEPARTMENT, SECRETARIAT
ANNEXE, THIRUVANANTHAPURAM DISTRICT - 685 001.
2 POOVAR GRAMA PANCHAYAT
REPRESENTED BY ITS SECRETARY, OFFICE OF THE POOVAR GRAMA
PANCHAYAT, POOVAR P.O., THIRUVANANTHAPURAM DISTRICT -
695 525.
3 THE SECRETARY
POOVAR GRAMA PANCHAYAT, OFFICE OF THE POOVAR GRAMA
PANCHAYAT, POOVAR P.O., THIRUVANANTHAPURAM DISTRICT -
695 525.
4 THE ASSISTANT ENGINEER
LSGD SECTION, POOVAR GRAMA PANCHAYAT, OFFICE OF THE
POOVAR GRAMA PANCHAYAT, POOVAR P.O., THIRUVANANTHAPURAM
DISTRICT - 695 525.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
27.07.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 24323 OF 2022
2
JUDGMENT
Dated this the 27th day of July, 2022 The petitioner was awarded the contract for reconstruction of various roads within the second respondent Panchayat. The petitioner executed the work satisfactorily. The petitioner laments that due to steep raise in the price of Bitumen, he has incurred heavy loss. It is stated the issue regarding price difference in Bitumen and resulted loss to contractors, was considered by the Government and Ext.P1 Government order issued, directing that the price difference of bitumen as on the date of closing tender and the date of invoice should be paid to the contractor on production of original invoice for the actual quantity consumed for the works. The petitioner has submitted Ext.P2 representation requesting to extend the benefit of Ext.P1 Government order. This writ petition is filed seeking expeditious consideration of the representation and disbursal of eligible amount.
2. I heard the learned Counsel for the petitioner, WP(C) NO. 24323 OF 2022 3 learned Government Pleader and the learned Standing Counsel for second respondent, Panchayat.
Considering the limited relief sought, the Writ Petition is disposed of directing respondents 3 and 4 to consider Ext.P2 representation, with specific reference to Ext.P1 Government order, and take a decision thereon within 45 days, after affording an opportunity of hearing to the petitioner. If the petitioner is found eligible for the benefit of Ext.P1 Government order, the differential amount due to him shall also be disbursed expeditiously.
Sd/-
V.G.ARUN JUDGE RK WP(C) NO. 24323 OF 2022 4 APPENDIX OF WP(C) 24323/2022 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE GO(RT) NO.9386/2018/FIN. DATED 13/11/2018. Exhibit P2 A TRUE COPY OF THE REPRESENTATION DATED 12/07/2022 SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT.
Exhibit P3 A TRUE COPY OF THE ACKNOWLEDGEMENT CARD SIGNED BY THE 3RD RESPONDENT.
Exhibit P4 A TRUE COPY OF THE ACKNOWLEDGEMENT CARD SIGNED BY THE 4TH RESPONDENT.