S.Satheeshkumar vs The State Of Kerala
2021 Latest Caselaw 7380 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                 THE HONOURABLE MR.JUSTICE N.NAGARESH

   WEDNESDAY, THE 03RD DAY OF MARCH 2021 / 12TH PHALGUNA, 1942

                      WP(C).No.23206 OF 2020(A)


PETITIONER:

               S.SATHEESHKUMAR,
               AGED 40 YEARS,
               T. C. NO.20/2487,
               MANIMANDIRAM,
               PRIYA SOUNDS AND ELECTRICALS,
               KARAMANA P.O.,
               THIRUVANANTHAPURAM - 695 002.

               BY ADV. SHRI.AJITH KRISHNAN

RESPONDENTS:

      1        THE STATE OF KERALA,
               REPRESENTED BY CHIEF SECRETARY,
               GOVERNMENT SECRETARIAT,
               THIRUVANANTHAPURAM - 695 001.

      2        THE SECRETARY,
               PUBLIC WORKS DEPARTMENT,
               GOVERNMENT SECRETARIAT,
               THIRUVANANTHAPURAM - 695 001.

      3        THE CHIEF ELECTRICAL ENGINEER,
               PUBLIC WORKS DEPARTMENT (ELECTRICAL WING),
               THIRUVANANTHAPURAM - 695 033.

      4        THE ASSISTANT EXECUTIVE ENGINEER,
               PWD ELECTRICAL SUB DIVISION,
               LEGISLATIVE COMPLEX,
               THIRUVANANTHAPURAM - 695 033.

      5        THE ASSISTANT ENGINEER,
               PWD ELECTRICAL WING,
               NORTH SECTION PUBLIC OFFICE,
               THIRUVANANTHAPURAM - 695 035.

      6        KERALA SAMSTHANA SHISHU KSHEMA SAMITHI,
               REPRESENTED BY GENERAL SECRETARY,
               THYCAUD P.O.,
               THIRUVANANTHAPURAM - 695 014.
 WP(C).No.23206/2020

                               2

             R6 BY ADV. SRI.K.JAJU BABU (SR.), SC
             R6 BY ADV. SMT.M.U.VIJAYALAKSHMI, SC
             R3-4 BY GOVERNMENT PLEADER SMT. DEEPA NARAYANAN

     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
03.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.23206/2020

                                 3




                            JUDGMENT

Dated this the 3rd day of March, 2021

Petitioner is a PWD Electrical Contractor. The

petitioner is before this Court seeking to command the

respondents to sanction and disburse the bill amount of

₹1,19,365/- (including GST) with respect to the work "Providing

temporary lighting and Diesal Generator Supply arrangement"

in connection with the Children's Day Celebrations at Museum

Compound and Nishagandhi Auditorium, Kanakakkunnu,

Thiruvananthapuram from 13.11.2018 to 14.11.2018 forthwith.

2. The petitioner would contend that he undertook the

work of the respondents "Providing temporary lighting and

Diesal Generator Supply arrangement" in connection with

Children's Day Celebrations at Museum compound and

Nishagandhi Auditorium. The work was satisfactorily

completed by 14.11.2018. According to the petitioner, the WP(C).No.23206/2020

petitioner is entitled to an amount of ₹1,19,365/- (including

GST). The petitioner has not been paid the amount so far. The

petitioner states that he executed the work borrowing money

from various creditors and banks. The unwarranted delay in

disbursing the amount is causing considerable monetary

difficulties to the petitioner. The petitioner therefore seeks

disbursement of ₹1,19,365/- with interest at the rate of 18%.

3. The 3rd respondent filed a statement in the case.

The 3rd respondent contended that the work was done as per

the request of the 6th respondent-Kerala State Council for Child

Welfare. Due to the urgency of the work, the Assistant

Engineer, North Section arranged the work on quotation basis.

The work was executed through the petitioner, who gave the

lowest quotation. According to the 3 rd respondent, the amount

due to the petitioner would be ₹81,207/-. Though various

communications were sent to the 6 th respondent-Kerala State

Council for Children Welfare requesting to issue Administrative

sanction to deposit fund, no response was received from the 6 th

respondent.

WP(C).No.23206/2020

4. The learned Standing counsel appearing for the 6 th

respondent would contend that this work was to be done in

connection with the Children's Day Celebrations. In the last 47

years, the 6th respondent was arranging the Children's Day

Celebrations at the instance and on behalf of the 1 st

respondent-State of Kerala. It was decided on 01.11.2018 in a

High Power Committee meeting that the expenditure would be

born by PWD. The learned Standing counsel would submit that

the 6th respondent functions with meager amount received

through sale of stamps, and is not in a position to expend

considerable amount of money for Children's Day Celebrations

by itself.

5. Heard the learned counsel for the petitioner, the

learned Government Pleader for respondents 1 to 5 and

Standing counsel appearing for the 6th respondent.

6. From the pleadings it is clear that the petitioner has

been entrusted with the work through a quotation process. The

work related to the Children's Day Celebrations. There is no

dispute that the petitioner has completed the work undertaken WP(C).No.23206/2020

without giving rise to any complaints. In the circumstances,

there is no rhyme or reason to delay the payment to the

petitioner.

In the circumstances, the writ petition is disposed of

directing the 6th respondent to pay the amount legally due to

the petitioner within a period of one month. It is made clear

that this judgment is without prejudice to the right of the 6 th

respondent to move the 1st respondent for reimbursement of

the amount expended by the 6th respondent towards the

Children's Day Celebrations.

Sd/-

N. NAGARESH JUDGE SR WP(C).No.23206/2020

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE SAME QUOTATION NOTICE NO.31/2018 DATED 1.11.2018 ISSUED TO THE PETITIONER BY 5TH RESPONDENT.

EXHIBIT P2 TRUE COPY OF THE SAME LETTER NO.ENS2/96/2018-19 DATED 3.11.2018 ISSUED BY THE 5TH RESPONDENT TO 4TH RESPONDENT.

EXHIBIT P3 TRUE COPY OF THE SAME SCHEDULE OF WORK ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER.

EXHIBIT P4 TRUE COPY OF THE SAME LETTER DATED 8.11.2018 ISSUED BY THE 6TH RESPONDENT TO THE 4TH RESPONDENT.

EXHIBIT P5 TRUE COPY OF THE SAID REPRESENTATION DATED 5.8.2020 SUBMITTED BY THE PETITIONER BEFORE 3RD RESPONDENT.

   SR                   //TRUE COPY//             PA TO JUDGE