Thoppil Contractors ( India) Pvt. ... vs The State Of Kerala
2021 Latest Caselaw 12881 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                  THE HONOURABLE MR. JUSTICE GOPINATH P.
         FRIDAY, THE 11TH DAY OF JUNE 2021 / 21ST JYAISHTA, 1943
                          WP(C) NO. 9661 OF 2021
PETITIONER:

              THOPPIL CONTRACTORS ( INDIA) PVT. LTD.,
              THOPPIL BUILDINGS, THOLIKKUZHI, ADAYAMON P.O, KILIMANOOR,
              THIRUVANANTHAPURAM-695 614, REPRESENTEDBY ITS MANAGING
              DIRECTOR, A. NIZAMUDEEN, S/O. ALIKANNU.

              BY ADV AJITH KRISHNAN



RESPONDENTS:

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

     2        THE CHIEF ENGINEER,
              PUBLIC WORKS DEPARTMENT, ROADS AND BUILDINGS,
              PUBLIC OFFICE, THIRUVANANTHAPURAM-695 033.

     3        THE SUPERINTENDING ENGINEER,
              PUBLIC WORKS DEPARTMENT, ROADS AND BRIDGES (SC)
              NEAR PUBLIC OFFICE, THIRUVANANTHAPURAM-695 033.

     4        THE EXECUTIVE ENGINEER,
              PUBLIC WORKS DEPARTMENT, ROADS DIVISION, P.M.G.JUNCTION,
              THIRUVANANTHAPURAM-695 033

     5        THE ASSISTANT EXECUTIVE ENGINEER,
              PWD ROADS SUB DIVISION, ATTINGAL, ATTINGAL P.O,
              THIRUVANANTHAPURAM, PIN-695 101

              SMT. DEEPA NARAYANAN, GP


THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
11.06.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                     2
WP(C) NO. 9661 OF 2021




                                JUDGMENT

Petitioner has approached this Court praying

for a direction to the 4th respondent to process a

bill submitted by the petitioner in respect of road

works completed by him for and on behalf of the

Public Works Department. The learned counsel for the

petitioner submits that the work was completed as

early as in 2016 and despite the same the 3 rd and

final bill has not been honoured so far.

2. The learned Government Pleader on

instruction submits that there was some confusion

regarding the invoices produced by the petitioner

showing purchase of bitumen from the Bharat

Petroleum Corporation Limited and that the

authorities have taken up the matter with the Bharat

Petroleum Corporation Limited.

3. The learned counsel for the petitioner

asserts that he has produced all the original bills

for purchase of bitumen, while submitting his 3rd

WP(C) NO. 9661 OF 2021

and final bill as above, and there can be no dispute

regarding the same.

4. Considering the submissions made across the

Bar, I am of the opinion that this writ petition can

be disposed of, directing the competent among the

respondents to consider release of payment under the

3rd and final bill submitted by the petitioner in

respect of work completed by him and take a decision

thereon, if necessary, after affording an

opportunity of hearing to the petitioner also,

within a period of two months from the date of

receipt of a certified copy of this judgment.

If any amount is found Payable to the

petitioner, the same shall also be released without

further delay.

Sd/-

GOPINATH P.

JUDGE hmh

WP(C) NO. 9661 OF 2021

APPENDIX OF WP(C) 9661/2021

PETITIONER'S ANNEXURE

EXHIBIT P1 TRUE COPY OF THE SELECTION NOTICE NO.

DB4 1154/2013 DATED 1.7.2013 TO THE PETITIONER ISSUED BY THE 3RD RESPONDENT.

EXHIBIT P2 TRUE COPY OF THE RELEVANT PAGES OF ACCEPTED SCHEDULE OF THE WORK.

EXHIBIT P3 TRUE COPY OF THE RELEVANT PAGE OF SAME AGREEMENT NO. 57/SESC/2013-14 DATED 18/7/2013 BETWEEN THE PETITIONER AND 3RD RESPONDENT.

EXHIBIT P4 TRUE COPY OF THE TECHNICAL SANCTION ISSUED BY THE 3RD RESPONDENT.

EXHIBIT P5 TRUE COPY OF THE RUNNING ACCOUNT BILL SUBMITTED BY THE 5TH RESPONDENT TO 4TH RESPONDENT FOR PAYMENT DUE TO THE PETITIONER VIDE NO. DB1-237/2012 DATED 23.12.2016

EXHIBIT P6 TRUE COPY OF THE RELEVANT PAGES OF THE INVOICE SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT.

EXHIBIT P7 TRUE COPY OF THE REPRESENTATION DATED 10.02.2021 SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENTS.

RESPONDENT'S Nil ANNEXURE