Lalumon Chandran vs State Of Kerala
2021 Latest Caselaw 21423 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
                THE HONOURABLE MR.JUSTICE N.NAGARESH
   FRIDAY, THE 29TH DAY OF OCTOBER 2021 / 7TH KARTHIKA, 1943
                      WP(C) NO. 14316 OF 2021
PETITIONER:

          LALUMON CHANDRAN,
          AGED 42 YEARS,
          S/O. T. G. CHANDRAN, THAYIPARAMBIL HOUSE,
          AIMCOMBU, KADANADU P.O.,
          KOTTAYAM DISTRICT.

          BY ADVS.
          SRI.M.NARENDRA KUMAR
          SRI.M.J.SAJITHA


RESPONDENTS:

    1     STATE OF KERALA,
          REPRESENTED BY PRINCIPAL SECRETARY,
          PUBLIC WORKS DEPARTMENT, SECRETARIAT,
          THIRUVANANTHAPURAM, PIN - 695 001.

    2     SUPERINTENDING ENGINEER,
          PUBLIC WORKS DEPARTMENT,
          BUILDINGS SUB DIVISION, SOUTH CIRCLE,
          THIRUVANANTHAPURAM - 695 033.

    3     ASSISTANT EXECUTIVE ENGINEER,
          PUBLIC WORKS DEPARTMENT,
          BUILDINGS SUB DIVISION,
          PALA, PIN - 686 575.

    4     CHIEF ENGINEER (BUILDINGS),
          PUBLIC WORKS DEPARTMENT,
          UNIVERSITY OF KERALA SENATE HOUSE CAMPUS,
          PALAYAM, THIRUVANANTHAPURAM - 695 033.

          SMT.VINITHA B, SR.GOVERNMENT PLEADER


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
29.10.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.14316/2021

                                 2




                          JUDGMENT

Dated this the 29th day of October, 2021

The petitioner, who is a contractor and who

entered into an agreement with the respondents for

construction of a new Building for the Public Health Centre,

Marangattupilly under the Health and Family Welfare

Department in the year 2016 has approached this Court

seeking to command the respondents to sanction the final bill

as per Ext.P3 revised estimate of Rs.3,46,49,732.50/- less

the amount received amounting to Rs.1,98,67,958/- and

disburse the amount to the petitioner.

2. The petitioner submits that he had completed the

work in question long ago on 29.07.2020 and a Certificate of WP(C).No.14316/2021

completion of work was signed by the 3 rd respondent. The

petitioner was sanctioned an amount of Rs.1,98,67,958/- as

part payment together with 1% tax plus 1% welfare fund plus

2% GST, which was duly received by the petitioner. However,

the balance amount has not been paid so far. In such

circumstances, the petitioner seeks to issue a writ to the

respondents for making the balance payment.

3. When this writ petition came up for hearing today,

the learned Government Pleader on instruction submitted that

the respondents will be able to pay the amount to the

petitioner without much delay. A revised estimate in respect

of the work done by the petitioner has been sanctioned by the

Chief Engineer (Building) already. When this sanctioned

revised estimate is received, the Divisional Officials will

forward it for financial sanction by the Department of Finance.

Once the Department of Finance clears the revised estimate,

the petitioner can be paid the outstanding amount. WP(C).No.14316/2021

In view of the facts as stated above, the writ

petition is disposed of directing the respondents to process

the files relating to the bill of the petitioner as expeditiously as

possible and make payment of the amount due to the

petitioner, within a period of 3 months.

Sd/-

N. NAGARESH JUDGE SR WP(C).No.14316/2021

APPENDIX OF WP(C) 14316/2021

PETITIONER'S EXHIBITS:

   Exhibit P1         TRUE COPY OF THE RELEVANT PAGES OF
                      ACCEPTED    SCHEDULE   WITH    ACCEPTED
                      ESTIMATE PAC (PAGES 1 AND 15).
   Exhibit P2         TRUE COPY OF THE PROCEEDINGS HANDING

OVER THE SITE TO THE PETITIONER BY THE ASSISTANT ENGINEER, PWD.

Exhibit P3 TRUE COPY OF THE RELEVANT PAGE OF REVISED ESTIMATE INCLUDED EXTRA WORKS ENTERED INTO BETWEEN THE PETITIONER AND SECOND RESPONDENT.

Exhibit P4 TRUE COPY OF THE CERTIFICATE OF COMPLETION OF WORK SIGNED BY ASSISTANT ENGINEER.