M/S.Tbas Engineering ... vs The District Collector
2021 Latest Caselaw 9141 Ker

W.P(c).No.27260/2020-F            1

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                  PRESENT

                   THE HONOURABLE SMT. JUSTICE P.V.ASHA

    THURSDAY, THE 18TH DAY OF MARCH 2021 / 27TH PHALGUNA, 1942

                         WP(C).No.27260 OF 2020(F)


PETITIONER:

                 M/S.TBAS ENGINEERING CONTRACTORS PVT. LTD.
                 KIZHAKKEDATH BUILDING NO.VI/6170, KUNJATTUKARA,
                 EDATHALA P.O., ALUVA, ERNAKULAM-683561
                 REP. BY ITS MANAGING DIRECTOR.

                 BY ADV. SRI.P.SHANES METHAR

RESPONDENTS:

        1        THE DISTRICT COLLECTOR, ERNAKULAM
                 O/O. THE DISTRICT COLLECTOR, KAKKANAD,
                 ERNAKULAM-682 030.

        2        THE CHAIRMAN,
                 DISTRICT DISASTER MANAGEMENT AUTHORITY (DDMA),
                 ERNAKULAM, O/O. THE DISTRICT COLLECTOR, KAKKANAD,
                 ERNAKULAM-682030.

        3        THE EXECUTIVE ENGINEER,
                 O/O. EXECUTIVE ENGINEER, MVIP DIVISION NO.4,
                 PIRAVOM, ERNAKULAM-686664.

        ADDL.4 THE STATE OF KERALA
               REPRESENTED BY CHIEF SECRETARY TO GOVERNMENT,
               SECRETARIAT, THIRUVANANTHAPURAM.

        ADDL.5 SECRETARY TO GOVERNMENT
               DEPARTMENT OF DISASTER MANAGEMENT,
               SECRETARIAT, THIRUVANANTHAPURAM.

                 (ADDL.R4 AND R5 ARE IMPLEADED SUO MOTU AS PER ORDER
                 DATED 04.01.2021)


                 SMT.REKHA.C.NAIR, GOVERNMENT PLEADER


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
18.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P(c).No.27260/2020-F                     2




                                        P.V.ASHA, J.
                     -----------------------------------------------------
                               W.P(c) No.27260 of 2020-F
                      ----------------------------------------------------
                         Dated this the 18th day of March, 2021

                                    JUDGMENT

The petitioner has undertaken the work - `OBT-2019-Desilting of Perandoor River

near mouth Chendampokku thodu' under the project by name `Operation Breakthrough'

under the Disaster Management Act. The work was completed on 01.07.2020 after

executing Ext.P1 agreement on 15.5.2020. Ext.P2 final bill was submitted on

23.07.2020. Though the Chairman of the District Disaster Management Authority is on

the party array, payment due to the petitioner is not so far made. The 2 nd respondent

would say that the Government has allotted funds only for the first phase and this being a

work in the second phase, payment can be made only after funds are allotted for next

phase.

2. When the respondents have got the work done under a specified project

`Operation Breakthrough', the respondents shall see that payment is also made with the

very same spirit.

3. Therefore, there shall be a direction to the respondents to see that payment

is made within a period of one month.

The Writ Petition is allowed accordingly.

Sd/- (P.V.ASHA, JUDGE)

rtr/

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE WORKS AGREEMENT NO.3/EE/MVIP-IV/OBT/2020-21 DATED 15.5.2020 BETWEEN THE PETITIONER AND 3RD RESPONDENT.

EXHIBIT P2 TRUE COPY OF THE APPROVED FINAL BILL REGARDING EXT.P1 WORK.