S.Michael Jebaraj vs The General Manager
2021 Latest Caselaw 21947 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
               THE HONOURABLE MR.JUSTICE N.NAGARESH
 WEDNESDAY, THE 3RD DAY OF NOVEMBER 2021/12TH KARTHIKA, 1943
                     WP(C) NO. 17121 OF 2021
PETITIONER:

         S.MICHAEL JEBARAJ, AGED 36 YEARS,
         S/O.SELVARAJ, MELEOOTTANKARA,
         TRITUATURAM, KUZHITHURAI,
         TAMILNADU-629 163.

         BY ADVS.
         S.SHANAVAS KHAN
         S.INDU
RESPONDENTS:

    1    THE GENERAL MANAGER,
         SOUTHERN RAILWAY HEAD QUARTERS OFFICE,
         PARK TOWN, CHENNAI-600 003.

    2    THE CHIEF ADMINISTRATIVE OFFICER (CONSTRUCTION),
         SOUTHERN RAILWAY HEAD QUARTERS OFFICE,
         PARK TOWN EGMORE, CHENNAI-600 003.

    3    THE DIVISIONAL RAILWAY MANAGER (WORKS),
         SOUTHERN RAILWAY, THIRUVANANTHAPURAM-695 014.

    4    THE DIVISIONAL ENGINEER (NORTH),
         WORKS BRANCH, DIVISIONAL OFFICE,
         SOUTHERN RAILWAY, THYCAUD,
         THIRUVANANTHAPURAM-695 014.

    5    THE SENIOR DEPUTY FINANCE MANAGER,
         SOUTHER RAILWAY, THIRUVANANTHAPURAM-695 014.

         BY ADV SRI.A.DINESH RAO, SC, RAILWAYS

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 03.11.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 WP(C)No.17121/2021

                                   2




                         JUDGMENT

Dated this the 3rd day of November, 2021

The petitioner who is a Contractor and who has

undertaken a work of "TRVL-Provision of Lifts-2 Nos.on PF

No.1, 2 & 3- Compound wall and circulating area" is before

this Court seeking to direct the respondents to release the

amount of `13,93,411/- (Rupees Thirteen lakhs ninety three

thousand four hundred and eleven only) due to the

petitioner towards second part bill in respect of the work

undertaken as per Exts.P1 and P2.

2. The petitioner states that he is a running Railway

Contractor and has undertaken work as per Exts.P1 and P2.

The petitioner completed 95% of the work and has

submitted bills. The second part-bill of the petitioner has not

been honoured so far. It is in such circumstances that the

petitioner is before this Court.

WP(C)No.17121/2021

3. The learned Standing Counsel on instructions

submitted that the respondents will be able to honour the

second part-bill of the petitioner within a period of three

months. In the circumstances, this Court is of the view that

the writ petition can be disposed of directing the

respondents to settle the second part-bill of the petitioner

within a period of three months.

Therefore the writ petition is disposed of directing the

3rd respondent to settle the second part-bill of the petitioner

within a period of three months from today.

Sd/-

N. NAGARESH JUDGE ncd/05.11.2021 WP(C)No.17121/2021

APPENDIX OF WP(C) 17121/2021

PETITIONER'S EXHIBITS

Exhibit P1 TRUE COPY OF THE LETTER OF ACCEPTANCE DATED 03.06.2019 AND CORRECTED AS 12.06.2019 ISSUED TO THE PETITIONER BY THE 4TH RESPONDENT Exhibit P2 TRUE COPY OF THE RELEVANT PAGE OF AGREEMENT NO.77/TVC/2019 DATED 08.08.2019 BETWEEN THE PETITIONER AND THIRD RESPONDENT