Kerala High Court

V.G.Raju 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. 19955 OF 2021
PETITIONER:

          K.J. SIMON, KALATHARAYIL HOUSE,
          PADANADU, CHENGANNUR, PIN-689 506.

          BY ADV NEETHU SOMAN


RESPONDENTS:

    1     STATE OF KERALA REPRESENTED BY
          THE SECRETARY TO GOVERNMENT,
          IRRIGATION DEPARTMENT,
          KERALA SECRETARIAT,
          THIRUVANANTHAPURAM, PIN-695 001.

    2     THE DISTRICT COLLECTOR,
          COLLECTORATE, PATHANAMTHITTA,
          KERALA, PIN-689 645.

    3     THE ASSISTANT EXECUTIVE ENGINEER,
          IRRIGATION SUB-DIVISION,
          PATHANAMTHITTA, PIN-689 641.

 ADDL.4   THE REVENUE DIVISIONAL OFFICER,
          REVENUE DIVISIONAL OFFICE,
          M.G.ROAD, PARASS LA,
          ADOOR, KERALA 691 523.

          (ADDITIONAL R4 IS IMPLEADED AS PER ORDER DATED
          02.11.2021 IN I.A.NO.1/2021)

          SRI.CYRIAC KURIAN SPL.G.P. (IRRIGATION)

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 02.11.2021, ALONG WITH WP(C).20000/2021, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
 WP(C)Nos.19955/2021 & 20000/2021

                                   2




          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. 20000 OF 2021
PETITIONER:
         V.G.RAJU, AGED 60 YEARS,
         S/O. V.M. GOPALAKRISHNAN,
         'A' CLASS CONTRACTOR IN IRRIGATION
         DEPARTMENT, PIROVOM, VILANJOOPARMPIL
         HOUSE, PERINGARA P.O., THIRUVALLA,
         PATHANAMTHITTA DISTRICT 689 108.

           BY ADV NEETHU SOMAN
RESPONDENTS:
    1    STATE OF KERALA REPRESENTED BY
         THE SECRETARY TO GOVERNMENT,
         IRRIGATION DEPARTMENT, SECRETARIAT,
         TRIVANDRUM 695 001.

    2      THE DISTRICT COLLECTOR, COLLECTORATE,
           PATHANAMTHITTA, KERALA 689 645.

    3      THE ASSISTANT EXECUTIVE ENGINEER,
           IRRIGATION SUB- DIVISION,
           KOZHENCHERRY, PATHANAMTHITTA 689 641.

 ADDL.4    THE REVENUE DIVISIONAL OFFICER,
           REVENUE DIVISIONAL OFFICE, M.G.ROAD,
           PARASS LA, ADOOR, KERALA PIN 691 523.

           (ADDITIONAL R4 IS IMPLEADED AS PER ORDER DATED
           02.11.2021 IN I.A.NO.1/2021)

           BY SRI.CYRIAC KURIAN (SPL.G.P. IRRIGATION)

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 02.11.2021, ALONG WITH WP(C).19955/2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C)Nos.19955/2021 & 20000/2021

                                   3




                           JUDGMENT

Dated this the 2nd day of November, 2021

The petitioners in both these writ petitions are

Contractors who entered into an agreement with the

respondents for upgradation and maintenance of irrigation

of canals, rivers etc. The petitioners would submit that in

respect of the petitioner in WP(C)No.19955/2021, an

amount of `14,62,214/- (Rupees Fourteen lakhs sixty two

thousand two hundred and fourteen only) is due and inspite

of the submission, the bill is not processed and amount not

paid.

2. As regards the petitioner in WP(C)No.

20000/2021, the petitioner would state that an amount of

`24,15,824/- (Rupees Twenty four lakhs fifteen thousand

eight hundred and twenty four only) is due to the petitioner

and the amount is not paid so far. The work was completed WP(C)Nos.19955/2021 & 20000/2021

promptly without any substantial delay and the amounts due

to the petitioners cannot be withheld, contended the learned

counsel for the petitioners.

3. The learned Special Government Pleader for

Irrigation submitted that the bills submitted by the petitioners

are processed. Now the additional 4 th respondent has to

scrutinise the bill and countersign the same and it has to be

forwarded to the District Collector. Once the District

Collector receives the bill duly signed by the additional 4 th

respondent, then the amount payable to the petitioners can

be paid without further delay.

4. I have heard the learned counsel for the

petitioners and the learned Special Government Pleader

representing the respondent.

5. The satisfactory completion of work undertaken

by the petitioners is not in dispute. The fact that the

petitioners have raised their bills is admitted. In such WP(C)Nos.19955/2021 & 20000/2021

circumstances, this Court is of the opinion that the payment

of amounts to the petitioners cannot be delayed further for

unconceivable reasons.

In the circumstances, the writ petition is disposed of

directing the additional 4th respondent to scrutinise and

countersign the bills preferred by the petitioners within a

period of 30 days. The District Collector shall process the

bill and make payment to the petitioners within a further

period of two months therefrom, if the petitioners are

otherwise eligible.

Sd/-

N. NAGARESH JUDGE ncd/05.11.2021 WP(C)Nos.19955/2021 & 20000/2021

PETITIONER'S EXHIBITS

Exhibit P1 A TRUE COPY OF THE B CATEGORY REGISTRATION CERTIFICATE ISSUED BY THE SUPERINTENDING ENGINEER, DEVELOPMENT CIRCLE KUTTANDU CHENGANNUR, KERALA, TO THE PETITIONER.

Exhibit P2 A TRUE COPY OF THE LETTER OF ACCEPTANCE FOR REMOVAL OF SILT AND OTHER WASTE MATERIALS FROM ACHENKOVIL RIVER AT VARIOUS KADAVUS THUMPAMON PANCHAYATH ISSUED BY THE ASSISTANT EXECUTIVE ENGINEER IRRIGATION SUB DIVISION PATHANAMTHITTA DATED 5.6.2020. Exhibit P3 A TRUE COPY OF THE LETTER OF ACCEPTANCE FOR THE REMOVAL OF ACCUMULATED SILT IN ACHENKOVIL RIVER NEAR PANTHAPLAVIL KADAVUS IN KULANADA PANCHAYATH ISSUED BY THE ASSISTANT EXECUTIVE ENGINEER IRRIGATION SUB DIVISION PATHANAMTHITTA DATED 4.6.2020.

Exhibit P4 A TRUE COPY OF THE LETTER OF ACCEPTANCE FOR THE REMOVAL OF SILT AND OTHER WASTE MATERIALS IN THE BANKS OF ACHENKOVIL RIVER AT MATHOORBHGAM IN CHENNERKKARA PANCHAYATH.

Exhibit P5 A TRUE COPY OF LETTER OF COMMENCEMENT ISSUED BY THE ASSISTANT EXECUTIVE ENGINEER 33/AEE/2020-21 DATED 10.6.2020. Exhibit P6 A TRUE COPY OF LETTER OF COMMENCEMENT ISSUED BY THE ASSISTANT EXECUTIVE ENGINEER 27/AEE/2020-21 DATED 10.6.2020. Exhibit P7 A TRUE COPY OF LETTER OF COMMENCEMENT ISSUED BY THE ASSISTANT EXECUTIVE ENGINEER 26/AEE/2020-21 DATED 10.6.2020. Exhibit P8 A TRUE COPY OF THE CONTRACT AGREEMENT ENTERED INTO BETWEEN THE PETITIONER AND THE ASSISTANT EXECUTIVE ENGINEER (6/AEE/2020-21) ON 26.6.2020. WP(C)Nos.19955/2021 & 20000/2021

Exhibit P9 A TRUE COPY OF THE CONTRACT AGREEMENT ENTERED INTO BETWEEN THE PETITIONER AND THE ASSISTANT EXECUTIVE ENGINEER (7/AEE/2020-21) ON 26.6.2020. Exhibit P10 A TRUE COPY OF THE CONTRACT AGREEMENT ENTERED INTO BETWEEN THE PETITIONER AND THE ASSISTANT EXECUTIVE ENGINEER (8/AEE/2020-21) ON 26.6.2020. Exhibit P11 A TRUE COPY OF THE COMPLETION CERTIFICATE UNDER THE AGREEMENT 06/AEE/2020-21 ON 13.7.2020.

Exhibit P12 A TRUE COPY OF THE COMPLETION CERTIFICATE ON UNDER THE AGREEMENT NO.07/AEE/2020-21 ON 10.7.2020. Exhibit P13 A TRUE COPY OF THE COMPLETION CERTIFICATE UNDER THE AGREEMENT NO.08/AEE/2020-21 ON 3.7.2020. Exhibit P14 A TRUE COPY OF FINAL BILL OF THE TOTAL VALUE EXECUTED UNDER THE AGREEMENT NO.06/AEE/2020-21.

Exhibit P15 A TRUE COPY OF FINAL BILL OF THE TOTAL VALUE EXECUTED UNDER THE AGREEMENT NO.07/AEE/2020-21.

Exhibit P16 A TRUE COPY OF FINAL BILL OF THE TOTAL VALUE EXECUTED UNDER THE AGREEMENT NO.08/AEE/2020-21.

PETITIONER'S EXHIBITS

Exhibit P1 A TRUE COPY OF THE A CATEGORY REGISTRATION CERTIFICATE ISSUED BY THE SUPERINTENDING ENGINEER, PROJECT CIRCLE PIRAVOM KERALA, TO THE PETITIONER DATED 04.02.2020.

Exhibit P2 A TRUE COPY OF THE LETTER OF ACCEPTANCE FOR THE REMOVAL OF SILT AND OTHERS WASTE MATERIALS DEPOSIT IN THE BANKS OF RIVER JAWAN KADVU TO ANJILIMOOTIL KADAVU IN ARAMULA PANCHAYATH ISSUED BY ASSISTANT EXECUTIVE ENGINEER IRRIGATION SUB DIVISION PATHANAMTHITTA DATED 04.06.2020.

Exhibit P3 A TRUE COPY OF THE LETTER OF ACCEPTANCE FOR THE REMOVAL OF SILT AND OTHER WASTER MATERIALS DEPOSITED IN THE BANKS OF RIVER VAZHAUVELI KADAVU OF ACHANKOVIL RIVER IN KULANADA PANCHAYAT ISSUED BY ASSISTANT EXECUTIVE ENGINEER IRRIGATION SUB DIVISION PATHANAMTHITTA DATED 04.06.2020.

Exhibit P4         A   TRUE    COPY   OF    THE   LETTER   TO
                   COMMENCEMENT     ISSUED    BY    THE   3RD

RESPONDENT DATED 10/06/2020 TENDER NO. 34/AEE/2020-21.

Exhibit P5 A TRUE COPY OF LETTER TO COMMENCEMENT ISSUED BY THE 3RD RESPONDENT DATED 10/08/2020 TENDER NO. 31/AEE/2020-21. Exhibit P6 A TRUE COPY OF THE CONTRACT AGREEMENT NO. 4/AEE/2020-21 ENTERED BETWEEN PETITION AND THE ASSISTANT EXECUTIVE ENGINEER, IRRIGATION DEPARTMENT DATED 23.06.2020.

Exhibit P7 A TRUE COPY OF THE CONTRACT AGREEMENT NO. 5/EE/2020-21 ENTERED BETWEEN PETITION AND THE ASSISTANT EXECUTIVE ENGINEER IRRIGATION DEPARTMENT DATED 23/06/21020.

Exhibit P8 A TRUE COPY OF COMPLETION CERTIFICATE ISSUED BY THE ASSISTANT EXECUTIVE ENGINEER ON 23/07/2021 FOR THE AGREEMENT REF NO. 04/AEE/2020-21 Exhibit P9 A TRUE COPY OF COMPLETION CERTIFICATE ISSUED BY HE ASSISTANT EXECUTIVE ENGINEER ON 23/07/2021 UNDER THE AGREEMENT REF NO. 05/AEE/2020-21. Exhibit P10 A TRUE COPY OF FINAL BILL OF THE AGREEMENT REF NO. 4/AEE/2020-21 SIGNED BY THE ASSISTANT EXECUTIVE ENGINEER IRRIGATION SUB DIVISION, PATHANAMTHITTA DATED 03/02/2021 MEASUREMENT BOOK NO. 174/2020.

Exhibit P11 A TRUE COPY OF FINAL BILL OF THE AGREEMENT REF NO. 4/AEE/2020-21 SIGNED BY THE ASSISTANT EXECUTIVE ENGINEER, SUB DIVISION PATHANAMTHITTA DATED 03/02/2020 MEASUREMENT BOOK NO. 165/2020.