K.V. Paulose vs State Of Kerala
2021 Latest Caselaw 7283 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                 THE HONOURABLE SMT. JUSTICE P.V.ASHA

    TUESDAY, THE 02ND DAY OF MARCH 2021 / 11TH PHALGUNA, 1942

                       WP(C).No.531 OF 2021(N)


PETITIONER:

               K.V. PAULOSE
               AGED 67 YEARS
               KUNNEL HOUSE, KARUNAGAPPALLI P.O,
               KOLENCHERRY, ERNAKULAM-682311.

               BY ADV. SRI.BASANT BALAJI

RESPONDENTS:

      1        STATE OF KERALA
               REPRESENTED BY SECRETARY TO GOVERNMENT,
               WATER RESOURCES DEPARTMENT,
               GOVERNMENT SECRETARIAT,
               THIRUVANANTHAPURAM-695001.

      2        THE CHIEF ENGINEER,
               IRRIGATION DEPARTMENT, PROJECT II,
               THIRUVANANTHAPURAM-695003.

      3        THE SUPERINTENDING ENGINEER,
               IRRIGATION DEPARTMENT, PROJECT CIRCLE,
               PIRAVAM, 1ST FLOOR, IRRIGATION COMPLEX,
               KOLLICKAL, MUVATUPUZHA ROAD, ERNAKULAM-686664.

      4        THE EXECUTIVE ENGINEER,
               IRRIGATION DEPARTMENT II P DIVISION NO I,
               ANGAMALY-683573.


OTHER PRESENT:

               SMT.PRINCY XAVIER, GP

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
02.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.531 OF 2021(N)

                                                 2


                                J U D G M E N T

Petitioner is a Contractor who had undertaken

the work of construction of main canal from ch.1000

m to 1350 m after executing an agreement on

09.09.2010. It is stated that the work was completed

2 days prior to the actual date of completion which

was fixed as 17.09.2012. It is further pointed out

that on direction of the respondents he had to

execute a supplementary agreement for certain extra

items on 28.09.2013. Even after completion of the

said work based on the supplementary agreement,

sanction is not accorded for the revised estimate

and the payment due to petitioner even on the basis

of original agreement is not made. Petitioner has

therefore filed this writ petition seeking a

direction to the respondents to obtain the sanction

for revised estimate from the Technical Sanction

Committee and for releasing the amount due to him

along with interest at the rate 12% per annum.

2. When the writ petition came up for WP(C).No.531 OF 2021(N)

consideration on 11.02.2021, seeing that the work

was completed in the year 2012, an interim order was

passed directing the Chief Engineer to place the

bill submitted by the petitioner before the

Technical Sanction Committee for taking further

action for releasing the payment due to the

petitioner.

3. Learned Government Pleader on instructions

submits that pursuant to the direction in the

interim order, the bill was placed before the

Technical Sanction Committee. It is also stated that

the proceedings for administrative sanction for

revised estimate was also submitted before the

Government. It is stated that the Executive Engineer

has already been asked to release the payment based

on the original agreement and that further payment

would be made on receipt of administrative sanction

on the revised estimate.

Therefore there shall be a direction to the

Executive Engineer-the 4 th respondent to release the WP(C).No.531 OF 2021(N)

payment due to the petitioner in accordance with the

original agreement in tune with the decision

referred to by the learned Government Pleader,

within a period of 'three weeks' from the date of

receipt of a copy of the judgment. Respondents shall

see that administrative sanction is accorded for the

revised estimate at the earliest within a period of

'one month' and to make payment due to the

petitioner based on that, without any further delay.

Though the learned counsel for the petitioner

points out that the work was executed in 2012 ahead

of time for which he is entitled even for incentive

and payment has been delayed by more than 7 years,

the said claim for interest is left open.

The writ petition is disposed of accordingly.

Sd/-

P.V.ASHA, JUDGE AS WP(C).No.531 OF 2021(N)

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE AGREEMENT DTD 09/09/2010 WITH THE SCHEDULE

EXHIBIT P2 TRUE COPY OF THE ACKNOWLEDGEMENT FROM OF HANDING OVER THE RIGHT TO THE PETITIONER DTD 18.9.2010

EXHIBIT P3 TRUE COPY OF THE COMPLETION CERTIFICATE ISSUED BY THE 3RD RESPONDENT DTD 28/09/2013

EXHIBIT P4 TRUE COPY OF THE INSPECTION REPORT DTD 19/07/2011 OF THE 1ST RESPONDENT

EXHIBIT P5 TRUE COPY OF THE SUPPLEMENTARY AGREEMENT WITH SCHEDULE DTD 28/09/2013 EXECUTED BETWEEN PETITIONER AND THE 3RD RESPONDENT

EXHIBIT P6 TRUE COPY OF THE LETTER DTD 28/09/2013 SEND BY THE 3RD RESPONDENT TO THE 4TH RESPONDENT ALONG WITH THE DEVIATION SANCTION STATEMENT IN FORM NO.42

EXHIBIT P7 TRUE COPY OF THE PROCEEDING ISSUED BY THE 3RD RESPONDENT DTD 12/03/2013

EXHIBIT P8 TRUE COPY OF THE LETTER DATED 25/03/2014 BY THE PUBLIC INFORMATION OFFICE TO THE PETITIONER

EXHIBIT P9 TRUE COPY OF THE LETTER DTD 29/08/2019 SEND BY THE 3RD RESPONDENT TO THE PETITIONER.

EXHIBIT P10 TRUE COPY OF THE LETTER DTD 23/10/2019 SEND BY THE 3RD RESPONDENT TO THE 2ND RESPONDENT

EXHIBIT P11 TRUE COPY OF THE JUDGMENT DTD 26/09/2014 IN WP(C)NO.18757/2014.