Roney Joseph vs Executive Engineer, Pwd Roads ...
2021 Latest Caselaw 12508 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                 THE HONOURABLE SMT. JUSTICE P.V.ASHA
       THURSDAY, THE 20TH DAY OF MAY 2021 / 30TH VAISAKHA, 1943
                        WP(C) NO. 11324 OF 2021
PETITIONER:


   RONEY JOSEPH,
   MANIMALETHU HOUSE, VECHOOCHIRA P.O,
   RANNY, PATHANAMTHITTA DISTRICT.
   BY ADVS K.SASIKUMAR (K/334/1979)-21891


RESPONDENTS:
    1.EXECUTIVE ENGINEER, PWD ROADS DIVISION, PATHANAMTHITTA
   DISTRICT, PIN: 689 645.


   2. ASSISTANT EXECUTIVE ENGINEER,
   PWD ROADS SUB DIVISION, RANNY,
   PATHANAMTHITTA DISTRICT, PINI:689 672.


   3. ASSISTANT ENGINEER, PWD ROADS SECTION,
   RANNY, PATHANAMTHITTA DISTRICT, PIN:689 672.


   GOVERNMENT PLEADER SMT.VINITHA.B




THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20.05.2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                              P.V.ASHA, J.
                                        ---------------------------
                                    W.P.(C) No.11324 of 2021-M
                                       -----------------------------
                                 Dated this the 20th day of May, 2021


                                             JUDGMENT

The petitioner, who had undertaken the work of O/R2018-19 providing 20mm thick close

graded bit chipping carpet to Athikayam-Kakkudumon Mandamaruthy road Ch. 0/000 to 2/800

km under the respondents, is aggrieved by the deduction of a sum of Rs.2,66,172/- by the

respondents from the final bill. According to the petitioner a total amount of Rs.17,86,300/- was

the net payment. However, the petitioner was paid only a sum of Rs.15,20,128/- ie. after

deducting a sum of Rs.2,66,172/-. According to the petitioner, there is no reason for such a

deduction. Therefore, pointing out this, the petitioner had submitted Exts.P2 and P3

representations before the 1st respondent.

2. Heard the learned counsel for the petitioner and the learned Government Pleader.

3. As the learned counsel for the petitioner submits that the petitioner would be

satisfied with a direction to the 1st respondent to consider the representations, the Writ Petition is

disposed of directing the 1st respondent to consider and pass orders on Exts.P2 and P3

representations, after affording an opportunity of hearing to the petitioner through electronic

mode within a period of two months. In case the petitioner is found eligible for the amount

withheld, payment shall be made as expeditiously as possible, at any rate, within a further period

of one month.

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

rtr/

APPENDIX

PETITIONER'S EXHIBITS

EXT.P1: A TRUE COPY OF THE BILL "PART III MEMORANDUM OF PAYMENTS".

EXT.P2: A TRUE COPY OF THE REPRESENTATION DT.30.03.2021 FORWARDED BY THE PETITIONER TO THE 1ST RESPONDENT.

EXT.P3: A TRUE COPY OF THE REPRESENTATION DT.15.4.2021 FORWARDED BY THE PETITIONER TO THE 1ST RESPONDENT.