Kerala High Court
K.R. Baiju vs The General Manager, Southern ... on 9 November, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
TUESDAY, THE 9TH DAY OF NOVEMBER 2021 / 18TH KARTHIKA, 1943
WP(C) NO. 21984 OF 2021
PETITIONER:
K.R. BAIJU,
AGED 48 YEARS,
S/O.RAGHAVAN, KADATH HOUSE,
CHOWARA P.O.,
NEDUVANNOOR,
ALUVA, ERNAKULAM - 683 571
BY ADVS.
SRI.S.SHANAVAS KHAN
SMT.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-695 584
BY ADV SRI.K.SHRI HARI RAO, SC, RAILWAYS
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
09.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.21984/2021
2
JUDGMENT
Dated this the 9th day of November, 2021
The petitioner, who is a running railway contractor
seeks the following reliefs:
"i) Issue a writ of mandamus or any other writ,
order or direction directing the respondents to
release the amount of Rs.17,83,349/- due to the
petitioner towards final bill, Rs.2,80,700/- due by way
of EMD, Rs.8,01,401,86/- due by way of SD thus
totalling to Rs.28,65,450.86/- in respect of the work
undertaken as per Ext.P1 agreement issued by the
3rd respondent forthwith.
ii) Issue a writ of mandamus or any other
writ, order or direction directing the respondents to
realease the amount of Rs.1,38,725/- due to the
petitioner towards final bill, Rs.2,07,380/- due by way
of EMD, Rs.2,92,055/- due by way of SD thus totallig
to Rs.6,38,160/- and to calculate and disburse the
amount due by way of PVC in respect of the work
undertaken as per Ext.P2 agreement issued by the
3rd respondent forthwith.
iii) Issue a writ of mandamus or any other
writ, order of direction directing the respondents to
release the amount of Rs.4,60,927/- due to the
petitioner towards final bill, Rs.2,02,655/- due by way
of EMD, Rs.4,54,095/- due by way of SD thus
WP(C).No.21984/2021
totalling to Rs.11,17,677/- and to calculate and
disburse the amount due by way of PVC in respect of
the work undertaken as per Ext.P3 agreement
issued by 3rd respondent forthwith."
2. The petitioner would submit that more than Rs.46
lakhs is due from the respondents to the petitioner. Unless the
respondents are directed to pay the amounts forthwith, the
petitioner will be put to untold hardship and loss.
3. The learned Standing Counsel for the respondents
appeared and defended the writ petition. The learned
Standing Counsel submitted that the Southern Railway is
facing some financial crunch and large amounts of money are
due to various contractors. The amounts due to the railway
contractors are being paid on certain set criteria and the
petitioner's case will be considered in accordance with the set
criteria. The learned Standing Counsel further submitted that
according to the instructions received, the respondents will be
able to settle the amounts due to the petitioner, within a period
of 3 months.
WP(C).No.21984/2021
In such circumstances, no adjudication is warranted
in this writ petition and this writ petition can be disposed of
issuing necessary direction to the respondents. Accordingly,
the writ petition is disposed of directing the 3 rd respondent to
settle the bills of the petitioner as expeditiously as possible
and at any rate, within a period of three months.
Sd/-
N. NAGARESH
JUDGE
SR
WP(C).No.21984/2021
APPENDIX OF WP(C) 21984/2021
PETITIONER'S EXHIBITS:
Exhibit P1 TRUE COPY OF THE RELEVANT PAGE OF
AGREEMENT NO.109/TVC/2019 DATED
7/11/2019 EXECUTED BETWEEN THE PARTIES
Exhibit P2 TRUE COPY OF THE RELEVANT PAGE OF
AGREEMENT NO.94/TVC/2016 DATED
13/12/2016 EXECUTED BETWEEN THE PARTIES
Exhibit P3 TRUE COPY OF THE RELEVANT PAGE OF
AGREEMENT NO.89/TVC/2014 DATED
2/12/2014 EXECUTED BETWEEN THE PARTIES
