Kuriakose Abraham vs State Of Kerala
2021 Latest Caselaw 23379 Ker

    IN THE HIGH COURT OF KERALA AT ERNAKULAM

                         PRESENT
           THE HONOURABLE MR.JUSTICE N.NAGARESH
 THURSDAY, THE 25TH DAY OF NOVEMBER 2021 / 4TH AGRAHAYANA,
                           1943
                 WP(C) NO. 20208 OF 2021
PETITIONER/:

         KURIAKOSE ABRAHAM
         AGED 51 YEARS
         S/O. V.C.ABRAHAM, VALANJANTHURUTHIL HOUSE,
         PAZHAVANGADI P.O., RANNI, PATHANAMTHITTA-689 673.
         BY ADVS.
         J.JULIAN XAVIER
         ASHA TREESA JOSE

RESPONDENTS:

    1    STATE OF KERALA
         REPRESENTED BY ITS SECRETARY, SC/ST DEPARTMENT,
         SECRETARIAT, THIRUVANANTHAPURAM-695 001.
    2    DIRECTOR
         SCHEDULE CASTES/SCHEDULED TRIBE DEVELOPMENT
         DEPARTMENT, AYYANKALI BHAVAN, KANAKA NAGAR,
         VELLAYAMBALAM KOWDIAR P.O., THIRUVANANTHAPURAM-
         695 003.
    3    DISTRICT SCHEDULED CASTE DEVELOPMENT OFFICER
         MINI CIVIL STATION, 3RD FLOOR, PATHANAMTHITTA-689
         645.
    4    SUPERINTENDING ENGINEER
         OFFICE OF THE SUPERINTENDING ENGINEER, BUILDINGS
         SOUTH CIRCLE, THIRUVANANTHAPURAM-695 001.
    5    EXECUTIVE ENGINEER
         OFFICE OF THE EXECUTIVE ENGINEER, PWD BUILDING
         DIVISION, PATHANAMTHITTA-689 645.
OTHER PRESENT:
 W.P.(C) No.20208 of 2021
                             :2 :


            SRI.ROBIN RAJ M K SPL.GP (SC/ST)


THIS WRIT PETITION (CIVIL) HAVING COME UP FOR

ADMISSION ON 25.11.2021, THE COURT ON THE SAME

DAY DELIVERED THE FOLLOWING:
 W.P.(C) No.20208 of 2021
                               :3 :




              Dated this the 25th day of November, 2021

                           JUDGMENT

~~~~~~~~~

The petitioner as a contractor constructed a compound

wall for the Subala Complex in Pathanamthitta. The work was

completed in the year 2013 and the final bill was submitted on

23.1.2014. The bill amount is Rs.5,82,087/-. The said amount

represents the balance amount payable to the petitioner. It is

due to the inordinate delay in clearing the bill which was

submitted as early as in the year 2014, that the petitioner is

before this Court.

2. The petitioner would submit that the amount is

admitted and the work is completed by the petitioner to the

satisfaction of the respondents and the work was completed

within the stipulated time. In the circumstances, there is no

rhyme or reason for the non-payment of the balance amount. W.P.(C) No.20208 of 2021

3. The learned Special Government Pleader

submitted that the issue relating to payment of balance

amount in respect of construction of the compound wall for the

Subala complex in Pathanamthitta, was considered by the

Schedule Caste/Scheduled Tribe Development (B)

Department. The Director, SC/ST Development Department

submitted a proposal for allotment of Rs.5,82,087/- towards

payment of tender excess amount for the construction of

compound wall around the Subala Complex. The Government

after examining the matter, found that tender excess amount is

only 14.8% which is below the specified rate as per the

government orders and accordingly, the Government has

accorded sanction to the Director of the SC/ST Development

Department to disburse Rs.5,82,087/- to Public Works

Department towards tender excess amount for the

construction of compound wall for Subala Complex in

Pathanamthitta.

4. In view of the decision reflected in the aforesaid W.P.(C) No.20208 of 2021

Government order, G.O.(RT)No.1000/2021/SC/STDD dated

23.11.2021 of the Joint Secretary to the Government of

Kerala, this Court is of the view that, the writ petition can be

disposed of, in tune with the decision taken by the

Government.

Accordingly, the writ petition is disposed of, directing the

respondents to disburse the balance amount payable to the

petitioner as sanctioned as per the Government order dated

23.11.2021, within a period of two months.

Sd/-

N. NAGARESH, JUDGE

al/-.

W.P.(C) No.20208 of 2021

APPENDIX OF WP(C) 20208/2021

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE GO(RT) NO.226/2011/SCSTDD DATED 17.2.2011. Exhibit P2 TRUE COPY OF THE LETTER DATED 1.1.2013 ISSUED BY THE 4TH RESPONDENT TO THE PETITIONER.

Exhibit P3 TRUE COPY OF THE AGREEMENT NO.106/SEBSC/2012-13 DATED 18.1.2013 ENTERED INTO BETWEEN THE PETITIONER AND THE 4TH RESPONDENT.

Exhibit P4 TRUE COPY OF THE LETTER DATED 27.8.2019 ISSUED BY THE 5TH RESPONDENT TO THE 3RD RESPONDENT.

Exhibit P5 TRUE COPY OF THE LETTER DATED 30.1.2020 ISSUED BY THE 3RD RESPONDENT TO THE 5TH RESPONDENT.

Exhibit P6 TRUE COPY OF THE REPRESENTATION DATED 22.5.2018 SUBMITTED BY THE PETITIONER BEFORE THE 5TH RESPONDENT.