Kerala High Court
Shaiju A.P vs Superintending Engineer on 5 October, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
TUESDAY, THE 5TH DAY OF OCTOBER 2021 / 13TH ASWINA, 1943
WP(C) NO. 17905 OF 2021
PETITIONER/S:
SHAIJU A.P,
AGED 47 YEARS, S/O. KRISHNAN NAIR,
PWD CONTRACTOR, ELAYIDATHU THODIKAYIL HOUSE,
PANNIKODE P.O, MUKKAM, KOZHIKODE DISTRICT.
BY ADVS.
P.M.ZIRAJ
C.M.DHANY
IRFAN ZIRAJ
RIZWANA T.N
MOHEMED FAVAS
RESPONDENTS:
1 SUPERINTENDING ENGINEER,
PUBLIC WORK DEPARTMENT, BUILDING DIVISION,
NORTH CIRCLE, KOZHIKODE, PIN-673 001
2 THE EXECUTIVE ENGINEER,
PUBLIC WORK DEPARTMENT,
BUILDING DIVISION, KOZHIKODE,
PWD COMPLEX, KOZHIKODE, PIN-673 001
3 ASSISTANT ENGINEER (WORKS, PUBLIC WORK
DEPARTMENT), BUILDING DIVISION,
KOZHIKODE, PWD COMPLEX,
KOZHIKODE, PIN-673 001
4 ASSISTANT EXECUTIVE ENGINEER (PWD),
BUILDINGS, NORTH CIRCLE, PWD COMPLEX,
KOZHIKODE, PIN-673 001
5 EXECUTIVE ENGINEER,
LOCAL SELF GOVERNMENT DEPARTMENT DIVISION,
DISTRICT PANCHAYATH,
KOZHIKODE, PIN-673 001
W.P.(C) No.17905 of 2021 ..2..
6 CHIEF ENGINEER,
LOCAL SELF GOVERNMENT DEPARTMENT DIVISION,
DISTRICT PANCHAYATH, KOZHIKODE, PIN-673 001
7 SUPERINTENDING ENGINEER,
LOCAL SELF GOVERNMENT DEPARTMENT DIVISION,
DISTRICT PANCHAYATH, KOZHIKODE, PIN-673 001
8 STATE OF KERALA,
REPRESENTED BY THE CHIEF SECRETARY TO
GOVERNMENT, GOVERNMENT OF KERALA,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695001
9 SECRETARY TO GOVERNMENT,
LOCAL SELF GOVERNMENT DEPARTMENT,
GOVERNMENT OF KERALA,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695 001
10 SECRETARY TO GOVERNMENT,
FINANCE DEPARTMENT, GOVERNMENT OF KERALA,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695 001
11 SECRETARY TO GOVERNMENT,
PUBLIC WORK DEPARTMENT,
GOVERNMENT OF KERALA,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM.
BY SMT.PRINCY XAVIER, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 05.10.2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C) No.17905 of 2021 ..3..
W.P.(C)No.17905 of 2021
-------------------------------------------------------
JUDGMENT
Petitioner is a contractor. He has executed a work
for Koodaranji Grama Panchayat based on an agreement
entered into by him with the first respondent, the
Superintending Engineer of the Public Works Department.
Though the work has been executed by the petitioner
satisfactorily, the amount due to the petitioner is yet to be
released. The petitioner, therefore, seeks appropriate
directions in this regard in the writ petition.
2. The learned Government Pleader, on
instructions, submitted that certain additional works had to be
executed in the course of the execution of the work and
consequently, a revised estimate of the work has been
prepared. It was pointed out that the revised estimate of the
W.P.(C) No.17905 of 2021 ..4..
work has to be approved by the Government and the matter is
now pending consideration before the Government. It was also
pointed out by the learned Government Pleader that since the
work executed by the petitioner is one for a Local Self
Government Institution, the funds for the same is to be
provided to the first respondent by the Department of Local
Self Government Institutions and since the revised estimate of
the work has not been approved by the competent authority,
the Department of Local Self Government Institutions is not
making available the funds to the first respondent. The
submission of the learned Government Pleader, in essence, is
that it is on account of the said reasons that the amount due to
the petitioner is not being disbursed. The learned
Government Pleader did not, however, dispute the fact that the
work has been executed by the petitioner satisfactorily.
3. On a query from the Court, the learned
Government Pleader submitted that the revised estimate of the
work is to be approved by the eleventh respondent.
W.P.(C) No.17905 of 2021 ..5..
In the circumstances, the writ petition is disposed of
directing the eleventh respondent to take a final decision on
the request made by the first respondent for approval of the
revised estimate within six weeks from the date of receipt of a
copy of this judgment. The petitioner shall produce a copy of
this judgment for compliance before the eleventh respondent.
Needless to say that once the eleventh respondent approves
the revised estimate of the work, the ninth respondent shall
make available the funds to the first respondent immediately
thereafter and the first respondent, in turn, shall disburse the
amounts due to the petitioner immediately on receipt of funds
from the ninth respondent.
Sd/-
P.B.SURESH KUMAR, JUDGE
rkj
W.P.(C) No.17905 of 2021 ..6..
APPENDIX OF WP(C) 17905/2021
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE COMPLETION
CERTIFICATE OF WORK ISSUED BY THE
FOURTH RESPONDENT DATED 09.03.2018.
Exhibit P2 TRUE COPY OF THE REPRESENTATION DATED
17.7.2021 SUBMITTED BY THE PETITIONER
BEFORE THE FIRST RESPONDENT.
Exhibit P3 TRUE COPY OF THE REPRESENTATION DATED
17.7.2021 SUBMITTED BY THE PETITIONER
BEFORE THE FIFTH RESPONDENT.
Exhibit P4 TRUE COPY OF THE REPRESENTATION DATED
12.8.2021 SUBMITTED BY THE PETITIONER
BEFORE THE NINTH RESPONDENT.
Exhibit P5 TRUE COPY OF THE REPRESENTATION DATED
12.8.2021 SUBMITTED BY THE PETITIONER
BEFORE THE TENTH RESPONDENT.
Exhibit P6 TRUE COPY OF THE REPRESENTATION DATED
12.8.2021 SUBMITTED BY THE PETITIONER
BEFORE THE ELEVENTH RESPONDENT.
Exhibit P7 TRUE COPY OF THE JUDGMENT OF THIS
HON'BLE COURT DATED 23.10.2019 IN
W.P.C NO. 2874/2019
