Kerala High Court
Anil George Sebastian vs State Of Kerala on 2 November, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
TUESDAY, THE 2ND DAY OF NOVEMBER 2021 / 11TH KARTHIKA, 1943
WP(C) NO. 16630 OF 2021
PETITIONER:
ANIL GEORGE SEBASTIAN,
AGED 34 YEARS,
S/O. GEORGE SEBASTIAN, ALENCHERRY HOUSE,
ATHIRAMPUZHA, KOTTAYAM, PIN-686562.
BY ADV M.NARENDRA KUMAR
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY ITS PRINCIPAL SECRETARY,
MINISTRY OF PUBLIC WORKS DEPARTMENT (ROADS),
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN-695001.
2 EXECUTIVE ENGINEER,
PUBLIC WORKS DEPARTMENT (ROADS DIVISION),
KOTTAYAM, PIN-686001.
3 EXECUTIVE ENGINEER,
PUBLIC WORKS DEPARTMENT, (ROADS DIVISION),
KOLLAM, PIN-691001.
4 EXECUTIVE ENGINEER,
PUBLIC WORKS DEPARTMENT (ROADS DIVISION),
THIRUVANANTHAPURAM, PIN-695001.
SRI.VINITHA B., SR.GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 02.11.2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) No.16630/2021
:2 :
JUDGMENT
~~~~~~~~~
Dated this the 2nd day of November, 2021
The petitioner, who is a Contractor, seeks to direct
the 1st respondent to pay to the petitioner an amount of
₹55,14,713/- together with interest at the rate of 9% per
annum from 31.12.2019.
2. The petitioner states that he is a Contractor owning
Tanker Lorries for transportation of bulk Bitumen from Kochi
BPCL to various worksites of contractors under the 1 st
respondent - PWD (Roads). The petitioner executed
agreements with respondents 2 to 4 for transportation of bulk
Bitumen from Kochi BPCL to various worksites of contractors
under the 1st respondent. The petitioner submits that the
agreement period ranged between 2017-'18 and 2018-'19. So
far, an amount of ₹55,14,713/- is due to the petitioner as
transportation charges as per the agreed terms and
WP(C) No.16630/2021
conditions. However, in spite of repeated requests, no
amount is paid to the petitioner.
3. The learned Government Pleader submitted that
the petitioner was engaged in transportation of bulk Bitumen.
The petitioner has placed three bills in respect of the work
done out of which one is already settled. The remaining two
bills were processed for payment for which consent from
Finance Department is required. The learned Government
Pleader further submitted that the respondents will be able to
settle the remaining two bills of the petitioner within a
reasonable period.
4. The learned counsel for the petitioner would submit
that bills relating to the work of Kollam District alone is settled
and the bills relating to the work of Thiruvananthapuram and
Kottayam Districts (Changanasserry and Pala) are pending.
5. It is not disputed that the petitioner has undertaken
the work on behalf of the respondents. There is no complaint
regarding the work of the petitioner also. In the
circumstances, it will be unjust to retain the amount payable to
WP(C) No.16630/2021
the petitioner. The claim is pending for long.
In such circumstances, the writ petition is disposed
of directing the competent among the respondents to settle
the remaining two bills submitted by the petitioner within a
period of three weeks.
Sd/-
N. NAGARESH, JUDGE
aks/02.11.2021
WP(C) No.16630/2021
APPENDIX OF WP(C) 16630/2021
PETITIONER'S EXHIBITS:
Exhibit P1 TRUE COPY OF THE STATEMENT KEPT BY THE
PETITIONER AND SUBMITTED TO THE
EXECUTIVE ENGINEER, KOTTAYAM DIVISION
OF P W D (ROADS) IN RESPECT AGREEMENT
NO.48/EE/2018-19 DATED 15.5.2018
(CHANGANASSERRY SUB DIVISION) FROM
17.5.2018 TO 15.6.2019.
Exhibit P2 TRUE COPY OF THE STATEMENT KEPT BY THE
PETITIONER AND SUBMITTED TO THE
EXECUTIVE ENGINEER, KOTTAYAM DIVISION
OF P W D (ROADS) IN RESPECT AGREEMENT
NO.39/EE/2018-19 DATED 8.5.2018 (PALA
SUB DIVISION) FROM 19.5.2018 TO
24.6.2019.
Exhibit P3 TRUE COPY OF THE STATEMENT KEPT BY THE
PETITIONER AND SUBMITTED TO THE
EXECUTIVE ENGINEER, KOLLAM DIVISION OF
P W D (ROADS) IN RESPECT AGREEMENT
NO.141/EE/2017-18 DATED 24.10.2017
(KOTTARAKKARA SUB DIVISION PART-1) FROM
25.10.2017 TO 16.5.2018 AND PART-2 FROM
11.9.2018 TO 5.2.2019.
Exhibit P4 TRUE COPY OF THE STATEMENT KEPT BY THE
PETITIONER AND SUBMITTED TO THE
EXECUTIVE ENGINEER, THIRUVANANTHAPURAM
DIVISION OF P W D (ROADS) IN RESPECT
AGREEMENT NO.352/EE/2017-18 DATED
23.6.2017 (NEDUMANGAD SUB DIVISION)
FROM 13.7.2017 TO 6.12.2013.
Exhibit P5 TRUE COPY OF THE STATEMENT KEPT BY THE
PETITIONER AND SUBMITTED TO THE
EXECUTIVE ENGINEER, THIRUVANANTHAPURAM
DIVISION OF P W D (ROADS) IN RESPECT
AGREEMENT NO.534/EE/2017-18 DATED
12.12.2017 (NEDUMANGAD SUB DIVISION)
FROM 7.12.2017 TO 23.5.2018.
WP(C) No.16630/2021
Exhibit P6 TRUE COPY OF THE STATEMENT KEPT BY THE
PETITIONER AND SUBMITTED TO THE
EXECUTIVE ENGINEER, THIRUVANANTHAPURAM
DIVISION OF P W D (ROADS) IN RESPECT
AGREEMENT NO.142/EE/2018-19 DATED
10.10.2018 (NEDUMANGAD SUB DIVISION)
FROM 28.9.2018 TO 12.3.2019.
Exhibit P7 TRUE COPY OF THE STATEMENT KEPT BY THE
PETITIONER AND SUBMITTED TO THE
EXECUTIVE ENGINEER, THIRUVANANTHAPURAM
DIVISION OF P W D (ROADS) IN RESPECT
AGREEMENT NO.353/EE/2017-18 DATED
23.6.2017 (ATTINGAL SUB DIVISION) FROM
18.12.2017 TO 27.11.2018.
Exhibit P8 TRUE COPY OF THE STATEMENT KEPT BY THE
PETITIONER AND SUBMITTED TO THE
EXECUTIVE ENGINEER, THIRUVANANTHAPURAM
DIVISION OF P W D (ROADS) IN RESPECT
AGREEMENT NO.549/EE/2017-18 DATED
21.12.2017 (ATTINGAL SUB DIVISION) FROM
18.8.2017 TO 11.12.2017.
SR
