Kerala High Court
K.Shoukthli vs The Kerala State Road Transport ... on 24 June, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 24TH DAY OF JUNE 2021 / 3RD ASHADHA, 1943
WP(C) NO. 19019 OF 2020
PETITIONER:
K. SHOUKTHLI,
AGED 43 YEARS
PWD CONTRACTOR,
ANASVILLA, STAR NAGAR,
BEVINJE P. O,
THEKKILFERRY, KASARAGOD.
BY ADV. SRI. O.D. SIVADAS
RESPONDENTS:
1 THE KERALA STATE ROAD TRANSPORT CORPORATION,
TRANSPORT BHAVAN,
THIRUVANANTHAPURAM,
PIN - 695 001,
REPRESENTED BY ITS MANAGING DIRECTOR.
2 THE MANAGING DIRECTOR,
KERALA STATE ROAD TRANSPORT CORPORATION,
TRANSPORT BHAVAN,
THIRUVANANTHAPURAM, PIN - 695 001.
3 THE CHIEF ENGINEER (P AND CW),
KERALA STATE ROAD TRANSPORT CORPORATION,
TRANSPORT BHAVAN,
THIRUVANANTHAPURAM, PIN - 695 001.
4 THE ASSISTANT ENGINEER,
KERALA STATE ROAD TRANSPORT CORPORATION,
CIVIL WING,
ERNAKULAM, PIN - 682 001.
SRI. P.C. CHACKO(PARATHANAM), SC KSRTC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 24.06.2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C) No.19019 OF 2020
2
P.V.KUNHIKRISHNAN, J
---------------------------------------
W.P (C). No.19019 of 2020
--------------------------------------------
Dated this the 24th day of June, 2021
JUDGMENT
The petitioner is a PWD contractor and KSRTC alloted a
work order to the petitioner and the work is the "Yard
Development" at Muvattupuzha KSRTC. The work was
started on 06.09.2018 and the work was completed on
05.03.2019. The Yard is now functioning. But the admitted
amount due to the petitioner for his work is not paid.
Therefore, this writ petition is filed with the following
prayers:-
"(a) Issue a writ of mandamus or other
appropriate writ, order or direction to the
respondents to sanction and disburse the
amount covered by Ext.P3 and P4 bills
submitted by the petitioner at the earliest.
(b) Declare that the non-payment of the
Ext.P3 and P4 bills by the KSRTC is illegal,
arbitrary and without any justification and
further declare that the petitioner is entitled to
get penal interest for the delay in paying the
amount.
(c) Issue appropriate writ, order of direction
to the respondents to disburse the amount
covered by Ext.P3 bill with interest at the rate of
18% per annum from the date of submission of
W.P.(C) No.19019 OF 2020
Ext.P3 bill and also grant interest at the rate of
18% per annum for the amount covered by
Ext.P4 bill from the date of completion of work,
that is on 05.03.2019 onwards, at the earliest.
(d) grant the petitioner such other reliefs
which this Hon'ble court deem just and fit in the
circumstance of the case including the cost of
the proceeding."
2. The learned counsel for the petitioner submitted
that, eventhough the work was completed on 05.03.2019 the
inspection of the work was conducted by the authorities only
on 24.01.2020. This delay is only a tactics to delay the
payment. The learned counsel submitted that the petitioner
finished the work after availing huge loan. Because of this
pandemic situation the petitioner is facing several financial
problems. The learned counsel submitted that there may be
a direction to pay the entire amount due to the petitioner
within a time frame.
3. The learned Standing Counsel appearing for the
KSRTC submitted that, as per Ext.R1 (d) a notice is issued to
the petitioner for rectifying certain work and the estimate of
the work is fixed as Rs.13,020/-. Retaining that amount the
KSRTC is ready to pay the balance amount due to the
petitioner within six months in two installments. The learned
W.P.(C) No.19019 OF 2020
counsel for the petitioner submitted that he is entitled
interest also because of the delayed payment.
4. This Court cannot give any interest for the amount
due to the petitioner, for which the petitioner has approached
the appropriate civil court. Actually this case was posted on
23.06.2021. This Court directed the learned Standing
Counsel to get specific instruction about the time required to
pay the admitted amount. Today, the learned Standing
Counsel submitted, after getting instruction that, the amount
will be paid within six months in two equal installments.
Therefore, this writ petition is disposed based on the above
instruction in the following manner:-
i) The respondent Nos.1 and 2 will pay the
entire amount due to the petitioner within six
months from today (in two installments).
ii) The first installment should be paid on or
before 24.09.2021.
iii) The payment of interest is left open.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
SPR
W.P.(C) No.19019 OF 2020
APPENDIX OF WP(C) 19019/2020
PETITIONER'S ANNEXURE:-
EXHIBIT P1 THE COPY OF THE PROCEEDINGS DATED
10.07.2018 ISSUED BY THE 3RD
RESPONDENT TO THE PETITIONER.
EXHIBIT P2 THE COPY OF PROCEEDINGS DATED
06.08.2018 ISSUED BY THE 3RD
RESPONDENT ALONG WITH THE POWER OF
ATTORNEY EXECUTED BY THE PETITIONER
WITH KERALA FINANCIAL CORPORATION,
KASARAGOD.
EXHIBIT P3 TRUE COPY OF THE PART BILL SUBMITTED
BY THE PETITIONER TO THE KSRTC.
EXHIBIT P4 THE COPY OF THE FINAL BILL SUBMITTED
BY THE PETITIONER TO THE KSRTC.
EXHIBIT P5 THE COPY OF THE PROCEEDINGS OF THE
4TH RESPONDENT DATED 24.01.2020
ADDRESSED TO THE 3RD RESPONDENT.
RESPONDENTS'S ANNEXURE:-
EXHIBIT R1(a) TRUE COPY OF THE ORDER DATED
19.10.2020 ISSUED BY THE 1ST
RESPONDENT.
EXHIBIT R1(b) TRUE COPY OF THE DECISION DATED
12.10.2020 AS ITEM NO.405 OF THE
DIRECTOR BOARD OF THE KSRTC.
EXHIBIT R1(c) TRUE COPY OF THE ORDER DATED
06.11.2020 ISSUED BY THE GOVERNMENT
OF KERALA.
EXHIBIT R1(d) TRUE COPY OF THE NOTICE DATED
30.03.2021 ISSUED TO THE WRIT
PETITIONER BY THE ESTATE OFFICER,
KSRTC.
