R.P.Janardanan vs The Secretary
2021 Latest Caselaw 1100 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                 THE HONOURABLE SMT. JUSTICE P.V.ASHA

    TUESDAY, THE 12TH DAY OF JANUARY 2021 / 22TH POUSHA, 1942

                      WP(C).No.21114 OF 2020(L)


PETITIONER:

               R.P.JANARDANAN
               AGED 69 YEARS
               S/O. K. PERUMAL, SAI NIVAS, MELE PLAVARTHALA LANE,
               THAMALAM, POOJAPPURA P. O., THIRUVANANTHAPURAM - 695
               012.

               BY ADV. SRI.J.G.SYAMNATH

RESPONDENTS:

      1        THE SECRETARY, TRAVANCORE DEVASWOM BOARD,
               NANTHANCODE, THIRUVANANTHAPURAM - 695 003.

      2        THE CHIEF ENGINEER
               TRAVANCORE DEVASWOM BOARD, NANTHANCODE,
               THIRUVANANTHAPURAM - 695 003.

      3        THE EXECUTIVE ENGINEER
               TRAVANCORE DEVASWOM BOARD, MAVELIKKARA, ALAPPUZHA -
               690 101.

               R1-3 BY ADV. SRI.G.BIJU

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
12.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.21114 OF 2020(L)

                                  2




                             JUDGMENT

Dated this the 12th day of January 2021

The Writ petition is filed on account of the delay

in payment towards the work done by the petitioner. It

is stated that the petitioner had carried out the work

of construction of sculptures and vigrahams on the

basis of Ext.P1 selection notice issued as early as on

16.08.2006. Though a part payment was already made

towards the same, a sum of Rs.3,92,331/- was deducted

from the bill amount. The contention of the petitioner

in the Writ Petition is that a sum of Rs.5,10,031/- is

unlawfully withheld by the respondents for the past 12

years.

2. The learned Standing counsel submits that,

final bill for a sum of Rs.4,08,391/- was raised on

01.01.2021 and payment was made to the petitioner. At

the same time the learned counsel for the petitioner

submits that a sum of Rs.3,80,000/- alone has been paid

to him. According to the learned counsel for the WP(C).No.21114 OF 2020(L)

petitioner, the amount due is more than 5,00,000/-.

3. When a final bill is already raised, the

petitioner will be free to take up the matter with the

respondents if he is aggrieved by any deficiency in

payment.

The Writ petition is closed with liberty to the

petitioner to take up the matter with the respondents.

Sd/-

P.V.ASHA JUDGE DM WP(C).No.21114 OF 2020(L)

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE SELECTION NOTICE ISSUED TO THE PETITIONER BY THE 3RD RESPONDENT DATED 16.08.2006.

EXHIBIT P2 TRUE COPY OF THE LETTER DATED 02.04.2012 FROM THE CHIEF ENGINEER (GENERAL) TO THE RESPONDENTS.

EXHIBIT P3 TRUE COPY OF THE LETTER DATED 14.08.2012 FROM THE 2ND RESPONDENT TO THE 3RD RESPONDENT.

EXHIBIT P4 TRUE COPY OF THE LETTER DATED 15.05.2019 FROM THE 3RD RESPONDENT TO THE 2ND RESPONDENT.

EXHIBIT P5 TRUE COPY OF THE REPRESENTATION FILED BY THE PETITIONER TO THE 1ST RESPONDENT DATED 12.02.2014.

EXHIBIT P6 TRUE COPY OF THE REPRESENTATION FILED BY THE PETITIONER TO THE 3RD RESPONDENT DATED 16.03.2019.

RESPONDENTS EXHIBITS : NIL

//TRUE COPY//

PA TO JUDGE