K.K. Sajeevan vs State Of Kerala
2021 Latest Caselaw 4155 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                 THE HONOURABLE SMT. JUSTICE P.V.ASHA

    THURSDAY, THE 04TH DAY OF FEBRUARY 2021 / 15TH MAGHA,1942

                      WP(C).No.24532 OF 2020(N)


PETITIONER:

               K.K. SAJEEVAN,
               AGED 53 YEARS
               S/O.GOVINDAN, PWD CONTRACTOR, 'ANJANAM',
               VALAYAL, KEEZHALLUR P.O., KANNUR DISTRICT.

               BY ADV. SRI.C.M.MOHAMMED IQUABAL

RESPONDENTS:

      1        STATE OF KERALA,
               REPRESENTED BY THE SECRETARY TO THE PUBLIC WORKS
               DEPARTMENT, GOVT. SECRETARIAT,
               THIRUVANANTHAPURAM, PIN - 695 001.

      2        THE CHIEF ENGINEER
               ROADS AND BRIDGES,
               THIRUVANANTHAPURAM, PIN - 695 001.

      3        THE EXECUTIVE ENGINEER
               OFFICE OF THE EXECUTIVE ENGINEER,
               PWD ROADS DIVISION, KALPETTA,
               WAYANAD DISTRICT, PIN - 673 122.

      4        THE ASSISTANT ENGINEER
               OFFICE OF THE ASSISTANT ENGINEER,
               PWD ROADS DIVISION,
               MANANTHAVADI, PIN - 670 645.

      5        THE DISTRICT COLLECTOR
               WAYANAD, WAYANAD P.O., PIN - 673 122.


OTHER PRESENT:

               SMT.VINITHA.B, GP

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
04.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.24532 OF 2020(N)

                                      2



                         J U D G M E N T

Petitioner, who is a PWD contractor, is

aggrieved by the denial of payment for the work

undertaken by him.

2. Learned Government Pleader submits that in

case petitioner is executing supplementary agreement

and admit the measurements in M-book, the admitted

payment would be made. This is recorded.

Petitioner would be free to approach the

respondents and execute the supplementary agreement

and verify and admit the measurements. In case

petitioner approaches the respondents accordingly,

payment shall be made to him within a period of one

month.

Sd/-

P.V.ASHA, JUDGE AS WP(C).No.24532 OF 2020(N)

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 THE TRUE COPY OF THE COMMUNICATION ISSUED BY THE 4TH RESPONDENT TO THE 3RD RESPONDENT DATED 19/7/2018.

EXHIBIT P2 THE TRUE COPY OF THE COMMUNICATION ISSUED BY THE 3RD RESPONDENT TO THE 4TH RESPONDENT DATED 21/7/2018.

EXHIBIT P3 THE TRUE COPY OF THE COMMUNICATION ISSUED BY THE 2ND RESPONDENT DATED 15/9/2018.

EXHIBIT P4 THE TRUE COPY OF THE DETAILED ESTIMATE PREPARED BY THE PUBLIC WORKS DEPARTMENT.

EXHIBIT P5 THE TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 16/11/2019.

EXHIBIT P6 THE TRUE COPY OF THE JUDGMENT IN W.P.

(C) NO.32099/2019 OF THIS HON'BLE COURT DATED 20/2/2020.

EXHIBIT P7 THE TRUE COPY OF THE NOTICE ISSUED BY THE 2ND RESPONDENT DATED 3/6/2020.

EXHIBIT P8 THE TRUE COPY OF THE NOTICE ISSUED BY THE 3RD RESPONDENT DATED 3/7/2020.

EXHIBIT P9 THE TRUE COPY OF THE REPLY SUBMITTED BY THE PETITIONER DATED 21/7/2020.

EXHIBIT P10 THE TRUE COPY OF THE ORDER ISSUED BY THE 2ND RESPONDENT DATED 21/10/2020.

EXHIBIT P11 THE TRUE COPY OF THE JUDGMENT IN C.O.C.NO.948/2020 OF THIS HON'BLE COURT DATED 4/11/2020.