B.V.Julies vs State Of Kerala
2021 Latest Caselaw 22855 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                 THE HONOURABLE MR.JUSTICE N.NAGARESH
    TUESDAY, THE 23RD DAY OF NOVEMBER 2021 / 2ND AGRAHAYANA, 1943
                       WP(C) NO. 21990 OF 2021
PETITIONERS:

     1     B.V.JULIES
           AGED 70 YEARS
           S/O. VARGHESE, PROPRIETOR JULIOUS & CO., MAIN ROAD,
           CHALAKKUDY, THRISSUR-680307.
     2     K.O.GEORGE,
           AGED 59 YEARS
           S/O. OUSEPP, G.K.INDUSTRIES, SREEMOOLA NAGAR, ALUVA,
           ERNAKULAM-683580.
     3     JOSE P.C.,
           AGED 59 YEARS
           S/O. CHERIYAN, JOSE ELECTRICAL WORKS, PULIYANAM ALUVA,
           ERNAKULAM-683572.
     4     THOMAS K.S.,
           AGED 51 YEARS
           S/O. SEBASTIAN, MARIYA ELECTRICAL WORKS, MELADOOR,
           THRISSUR-680741.
     5     MUHAMMED ALI V.U.,
           AGED 83 YEARS
           S/O. V.K.UMMER, VEZHAPILLI ENGINEERING INDUSTRIES,
           U.C.COLLEGE P.O., ALUVA, ERNAKULAM DISTRICT-683102.
     6     FRANCIS PINHERO,
           AGED 57 YEARS
           S/O. ROCKEY PINHERO, ARIES ENGG. WORKS, ANNANAD P.O.,
           THRISSUR-680309.
     7     R.A.ANTONY,
           ANTONY ELECTRICALS, ALUVA.
           BY ADVS.
           PRAVEEN.H.(K/1441/2002)
           G.HARIHARAN
           K.S.SMITHA
           JINU ANTONY
           T.T.SHANIBA
           M.V.VIPINDAS
           AMAL DEV D , SISIRA M.SHIRINE
           ANJALY T.A
 WP(C) NO. 21990 OF 2021              2




RESPONDENTS:

     1          STATE OF KERALA
                REPRESENTED BY THE ADDITIONAL CHIEF SECRETARY,
                WATER RESOURCE DEPARTMENT, ROOM NO.357(A) & 358
                MAIN BLOCK, SECRETARIAT, THIRUVANANTHAPURAM-
                695001.
     2          THE CHIEF ENGINEER,
                IRRIGATION & ADMINISTRATION,
                PUBLIC OFFICE BUILDING,
                THIRUVANANTHAPURAM-695033.
     3          THE SUPERINTENDING ENGINEER,
                MINOR IRRIGATION, CENTRAL CIRCLE, KAKKANAD,
                ERANAKULAM-682017.
     4          THE EXECUTIVE ENGINEER,
                MINOR IRRIGATION DIVISION, THRISSUR-680020.
     5          THE ASSISTANT EXECUTIVE ENGINEER,
                ELECTRICAL WING, IRRIGATION SUB DIVISION,
                CHALAKKUDY, THRISSUR DISTRICT-680307.
     6          THE ASSISTANT ENGINEER,
                ELECTRICAL WING, IRRIGATION SECTION, CHALAKKUDY,
                THRISSUR DISTRICT-680307.
                BY ADV GOVERNMENT PLEADER



                SRI.JOSHY T G.P


         THIS     WRIT    PETITION       (CIVIL)   HAVING   COME    UP    FOR
ADMISSION        ON   23.11.2021,        THE   COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 WP(C) NO. 21990 OF 2021           3




                               JUDGMENT

Dated this the 23rd day of November, 2021

The petitioners are electrical contractors empanelled with

the Irrigation Section, Chalakkkudy. They have undertaken

various works for and on behalf of the respondent Nos. 2 to 6.

They are before this Court seeking to command the 2nd

respondent to process their bills and accord sanction for

payments due to them as per Exhibit P13 recommendation

issued by the 3rd respondent, the amount due being

Rs.34,52,680/-. The petitioners also sought for a further

direction to the 2nd respondent to finalize the balance payment

after disbursal of the Rs.34,52,680/- recommended as per

Ext.P13, taking note of the total pending amount quantified at

Rs.56,70,045/- as per Exhibit-P9, without any further delay.

2. After hearing the learned counsel for the petitioners

and the learned Government Pleader representing the

respondents, it is seen that according to the petitioners, they

have carried out 374 items of work for and on behalf of the

respondents and bills were raised for the completed work.

However, the respondents on the basis of materials available

with them came to a conclusion that, the petitioners have

completed only 178 works among the 374 works claimed by the

petitioners. The bills in respect of those 178 work are in process.

The learned Government Pleader submits that on the basis of

the report made available in respect of the 178 works, the final

amount arrived at for the 178 works, is Rs.28,75,171/- (based

on Departmentally approved rates) and Rs.26,51,338/- (based

on quoted rates).

3. The learned Government Pleader submitted that,

even though the petitioners claim that they have carried out 374

works, no documentary evidence was available to come to the

conclusion that the petitioners have carried out the claimed 374

works. The department on verification of available records

finalized 178 as the numbers of work and submitted list of those

works with the 2nd respondent for financial and administrative

sanction. After obtaining necessary sanction, Department will

be making payment to the petitioners.

4. I have heard the learned counsel for the petitioners

and the learned Government Pleader representing the

respondents.

5. The claim of the petitioners is that, they have

completed 374 items of work pursuant to the notifications of the

2nd respondent. The respondents however have accepted only

178 items of work as completed and the bills in respect of those

178 works are under process. According to the respondents,

there is no material on record to conclude that the respondents

have completed the remaining 196 woks. The request for

processing those bills cannot be accepted unless there is

sufficient materials to show that the petitioners have completed

those works.

6. In the facts and circumstances as narrated above,

this Court is of the view that the writ petition can be disposed of

with the following directions.

The respondents are directed to process the bill in

respect of the 178 works admittedly completed by the petitioner

and make payments thereof within a period of four months.

The respondents shall make further enquiry in the matter of the

remaining works claimed to be completed by the petitioners.

The petitioners will also be at liberty to produce materials and

documents before the 2nd respondent to establish that the

petitioners have infact carried out those works also. The 2 nd

respondent shall take a decision on the remaining claims of the

petitioner as expeditiously as possible, within a period of six

months from the date of receipt of available materials from the

petitioners.

The writ petition is disposed of as above.

sd/-

N.NAGARESH JUDGE hmh

APPENDIX OF WP(C) 21990/2021

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF THE REPRESENTATION MADE BY THE 1ST PETITIONER TO THE 2ND RESPONDENT DATED 12.7.2017.

Exhibit P2 A TRUE COPY OF THE REPRESENTATION MADE BY THE 1ST PETITIONER TO THE 2ND RESPONDENT DATED 12.2.2018.

Exhibit P3 A TRUE COPY OF THE EMAIL SENT BY THE 1ST PETITIONER TO THE 2ND RESPONDENT DATED 12.6.2018.

Exhibit P4 A TRUE COPY OF THE REPRESENTATION SENT BY THE 1ST PETITIONER TO THE 1ST RESPONDENT DATED 5.3.2019.

Exhibit P5 A TRUE COPY OF THE RTI APPLICATION MADE BY THE 1ST PETITIONER TO THE 4TH RESPONDENT.

Exhibit P6 A TRUE COPY OF THE LIST OF 376 NUMBERS OF WORKS COMPLETED BY THE PETITIONERS. Exhibit P7 A TRUE COPY OF THE LIST OF WORKS COMPLETED BY THE PETITIONERS AND APPROVED BY THE 4TH RESPONDENT.

Exhibit P8 A TRUE COPY OF THE LIST OF WORKS COMPLETED BY THE PETITIONERS AND AWAITING APPROVAL OF THE 4TH RESPONDENT. Exhibit P9 A TRUE COPY OF THE COMMUNICATION ISSUED BY THE 3RD RESPONDENT TO THE 2ND RESPONDENT DATED 22.1.2018.

Exhibit P10 A TRUE COPY OF THE COMMUNICATION BY THE 3RD RESPONDENT TO THE 4TH RESPONDENT DATED 9.11.2018.

Exhibit P11 A TRUE COPY OF THE COMMUNICATION DATED 23.11.2018 SENT BY THE 4TH RESPONDENT TO THE 3RD RESPONDENT.

Exhibit P12 A TRUE COPY OF THE COMMUNICATION SUBMITTED BY THE 3RD RESPONDENT TO THE 2ND RESPONDENT DATED 13.12.2018.

Exhibit P13 A TRUE COPY OF THE COMMUNICATION ADDRESSED BY THE 3RD RESPONDENT TO 2ND RESPONDENT DATED 20.5.2021 ALONG WITH A

LIST OF WORKS.

Exhibit P14 A TRUE COPY OF THE COMMUNICATION SENT BY THE 4TH RESPONDENT TO THE CHIEF MINISTER'S COMPLAINT REDRESSAL CELL.