Kerala High Court
T.K.George Vaidyan vs The Secretary To Government on 1 September, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 1ST DAY OF SEPTEMBER 2021 / 10TH BHADRA, 1943
WP(C) NO. 23901 OF 2020
PETITIONER:
T.K.GEORGE VAIDYAN
AGED 57 YEARS
S/O. T.K.K.VAIDYAN,
THENGUMVILAYIL HOUSE,
THEVALAKKARA P.O.,
KOLLAM DISTRICT.
BY ADVS.
GEORGE MECHERIL
SRI.JOJO JOSEPH
SMT.ELIZEBATH GEORGE
RESPONDENTS:
1 THE SECRETARY TO GOVERNMENT
PUBLIC WORKS (G) DEPARTMENT,
SECRETARIAT, THIRUVANANTHAPURAM-695001.
2 THE CHIEF ENGINEER,
P.W.D. ROADS AND BRIDGES,
THIRUVANANTHAPURAM, PIN-695001.
3 THE SUPERINTENDING ENGINEER,
P.W.D. (ROADS AND BRIDGES), SOUTH CIRCLE,
THIRUVANANTHAPURAM, PIN-695001.
BY ADV GOVERNMENT PLEADER
SMT. RASHMI K.M., SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
01.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 23901 OF 2020
2
P.V.KUNHIKRISHNAN, J.
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WP(C) No. 23901 OF 2020
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Dated this the 1st day of September 2021
JUDGMENT
The above writ petition is filed with the following prayers;
"i. Issue a writ in the nature of certiorari or such
other appropriate writ, order or direction calling for the
records leading upto the issuance of Ext.P7 and quash
the same.
ii. Declare that the petitioner is entitled to get
interest for the delayed payment of amount pursuant to
Ext.P1 order till date of payment.
iii. To grant such other order or direction which
this Honourable Court would deem just and proper in the
facts and circumstances of the case."
2. Ext. P7 is an order by which the claim of the
petitioner for getting interest for the delayed payment is
rejected. The learned counsel for the petitioner contended that,
the petitioner is entitled interest. But the government as per
Ext. P7 order rejected that claim and explained the delay. But,
WP(C) NO. 23901 OF 2020
the petitioner specifically disputing those observations in Ext.P7
order. Therefore, there is a dispute about the delay and the
consequential payment of interest. In such circumstances, this
Court is not in a position to decide the same. An adjudication
after analysing the evidence is necessary. The petitioner is free
to approach the civil court for the same. All the contentions of
the petitioner in this writ petition are left open. If any
proceedings is filed before the civil court, the civil court will
decide the same untrammeled by any observations in Ext.P7.
Therefore, this writ petition is disposed granting liberty to
the petitioner to approach the civil court, if he is advised so.
(Sd/-)
P.V.KUNHIKRISHNAN
JUDGE
LU
WP(C) NO. 23901 OF 2020
APPENDIX OF WP(C) 23901/2020
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE G.O.(RT)NO.1041/2002/PWD
DATED 13.11.2002.
EXHIBIT P2 TRUE COPY OF THE COMMON JUDGMENT DATED
12.1.2010 IN W.P.(C) NO.28356/2009 AND
W.P.(C)NO.1/2010.
EXHIBIT P3 TRUE COPY OF THE GOVT. ORDER G.O.
(RT)NO.865/14/PWD DATED 24.6.2014.
EXHIBIT P4 TRUE COPY OF THE BILL DATED 3.6.2016
PREPARED BY THE EXECUTIVE ENGINEER.
EXHIBIT P5 TRUE COPY OF THE REPRESENTATION SUBMITTED
BY THE PETITIONER BEFORE THE FIRST
RESPONDENT IN DECEMBER, 2017.
EXHIBIT P6 TRUE COPY OF THE JUDGMENT DATED 13.1.2020
IN W.P.(C)NO.35400/2019.
EXHIBIT P7 TRUE COPY OF THE GOVT. ORDER G.O.(RT)
NO.648/2020/PWD DATED 30.7.2020.
EXHIBIT P8 TRUE COPY OF THE JUDGMENT DATED 8.3.2007
IN W.P.(C)NO.6019/2006.
EXHIBIT P9 TRUE COPY OF THE RELEVANT PORTION OF
TENDER NOTIFICATION NOTIFIED IN THE
MLAYALA MANORAMA DAILY DATED 6.8.2003
EXHIBIT P10 TRUE COPY OF TH REPORT OF THE CHIEF
TECHNICAL EXAMINER & EX-OFFICIO SECRETRY
TO GOVERNMENT SUBMITTED TO THE GOVERNMENT
ON 22.11.2013
// True Copy // PA To Judge
