S.Harish Kumar vs The General Manager
2021 Latest Caselaw 13005 Ker

        IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
              THE HONOURABLE MR.JUSTICE V.G.ARUN
THURSDAY, THE 17TH DAY OF JUNE 2021 / 27TH JYAISHTA, 1943
                   WP(C) NO. 11726 OF 2021
PETITIONER:

         S.HARISH KUMAR,
         AGED 50 YEARS,
         S/O.SOMAN PILLAI, 'SREE VINAYAKA', SNEHA NAGAR,
         PADINJATTINKARA, KOTTARAKARA, KOLLAM-691 506.

         BY ADVS.
         SRI. S.SHANAVAS KHAN
         SRI. S.INDU



RESPONDENTS:

    1    THE GENERAL MANAGER,
         SOUTHERN RAILWAY HEAD QUARTERS OFFICE,
         PARK TOWN, CHENNAI-600 003.

    2    THE CHIEF ADMINISTRATIVE OFFICER
         (CONSTRUCTION),
         SOUTHERN RAILWAY HEAD QUARTERS OFFICE,
         PARK TOWN, EGMORE, CHENNAI-600 003.

    3    THE FINANCIAL ADVISOR AND CHIEF ACCOUNTS
         OFFICER (CONSTRUCTION),
         SOUTHERN RAILWAY, EGMORE, CHENNAI-600 003.

    4    THE CHIEF ENGINEER NORTH (CONSTRUCTION),
         SOUTHERN RAILWAY, ERNAKULAM-682 016.

    5    THE DEPUTY CHIEF ENGINEER-II (CONSTRUCTION),
         SOUTHERN RAILWAY, ERNAKULAM-682 016.

         BY ADV. SRI. A.DINESH RAO, SC


THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 17.06.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 W.P.(C).No.11726 of 2021(M)

                                      2




                                JUDGMENT

The petitioner is a contractor, who had

undertaken various works for the Railways in

connection with its Angamaly-Sabarimala Railway

Project. The project was later dropped by the

Railways and the contract awarded to the

petitioner was foreclosed. The petitioner is yet

to be paid the bills for the works already

completed. The writ petition is filed seeking a

direction to the respondents to pay the amounts

forthwith.

2. The learned Standing Counsel for the

Railways admits that amounts are due to the

petitioner, but points out that the delay is only

because of scarcity of funds. It is submitted

that the entire amount will be paid off, within

four months. This submission is recorded.

Accordingly, the writ petition is disposed W.P.(C).No.11726 of 2021(M)

of directing respondents 3 and 4 to ensure that

the amount due under the bills raised by the

petitioner are paid to him, within four months,

from today.

Sd/-

V.G.ARUN, JUDGE

ww W.P.(C).No.11726 of 2021(M)

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE WORK ORDER 496/CN/ERS/OT/06/2016/1 DATED 03.05.2017 OF THE FIFTH RESPONDENT IN FAVOUR OF THE PETITIONER.

EXHIBIT P2 TRUE COPY OF AGREEMENT NO.02/DCE/ERS/ 2017 DATD 08.06.2017.

EXHIBIT P3 TRUE COPY OF THE FIFTH PART BILL.

EXHIBIT P4 TRUE COPY OF THE LETTER DATED NIL ISSUED BY PETITIONER TO THE 5TH RESPONDENT REQUESTING FOR PAYMENT.