Royees John vs State Of Kerala
2022 Latest Caselaw 2214 Ker

Citation : 2022 Latest Caselaw 2214 Ker
Judgement Date : 24 February, 2022

Kerala High Court

Royees John vs State Of Kerala on 24 February, 2022

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                   THE HONOURABLE MR.JUSTICE N.NAGARESH
    THURSDAY, THE 24TH DAY OF FEBRUARY 2022 / 5TH PHALGUNA, 1943
                         WP(C) NO. 16588 OF 2021
PETITIONER:

              ROYEES JOHN,
              AGED 55 YEARS
              THIRUNILATH, VELIYIL, THAIKKATTUSSERY P.O., CHERTHALA.
              BY ADV ROY CHACKO


RESPONDENTS:

     1        STATE OF KERALA,
              REPRESENTED BY THE CHIEF SECRETARY, SECRETARIAT,
              THIRUVANANTHAPURAM-695001.
     2        THE PRINCIPAL SECRETARY,
              DEPARTMENT OF FINANCE, SECRETARIAT,
              THIRUVANANTHAPURAM-695001.
     3        THE PRINCIPAL SECRETARY,
              DEPARTMENT OF HEALTH, THIRUVANANTHAPURAM-695001.
     4        THE DIRECTOR (FINANCE),
              NRHM STATE MISSION, THIRUVANANTHAPURAM-695001.
     5        THE DIRECTOR OF HEALTH SERVICE,
              THIRUVANANTHAPURAM-695001.
     6        THE CHIEF ENGINEER,
              PWD (BUILDINGS AND ROADS), THIRUVANANTHAPURAM-695001.
     7        THE SUPERINTENDING ENGINEER,
              PWD SOUTH CIRCLE, THIRUVANANTHAPURAM-695001.
     8        THE EXECUTIVE ENGINEER, (BUILDINGS)
              CIVIL STATION, ALAPPUZHA-688012.

              SRI.M.AJAY,SC,NATIONAL RURAL HEALTH MIS, R4

              SMT.PARVATHY KOTTOL GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.02.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 16588 OF 2021                    2




                                JUDGMENT

Dated this the 24th day of February, 2022

The petitioner, who is a Government Contractor, seeks to

direct the respondents to pay the balance amount due to the

petitioner with 18% interest as reflected in Ext.P4

representation.

2. The petitioner states that he undertook a work of

construction of a Maternity Ward attached to the Jubilee

Building at Taluk Hospital, Cherthala as per Ext.P3 agreement

dated 01.09.2015. The work was completed to the satisfaction

of the respondents by July, 2016. The petitioner submitted his

bills for the work undertaken. However, eventhough more than

three years have lapsed since completion of the work, the Bills

have not been settled so far.

3. The petitioner states that he had sent several

reminders for getting the amount. Even after five years, the

balance amount to the tune of `13 lakhs is not paid. The

petitioner has completed the work availing financial assistance

from various sources. The petitioner has to pay it back. Unless

the respondents pay the amount forthwith, the petitioner will be

put to irreparable loss and injury.

4. The learned Government Pleader entered

appearance. The learned Government Pleader submitted that

the work was granted as part of the implementation of Scheme

'Setting up of Maternity Units in Selected Taluk Headquarters

Hospitals'. The petitioner has submitted his Bill, which is under

process. The Executive Engineer has addressed the

requirement to the NRHM State Mission Office. The

administrative procedure will take some time to make the

payment.

4. I have heard the learned counsel for the petitioner

and the learned Government Pleader.

5. The fact that the petitioner has undertaken the work

is not in dispute. It is also an admitted fact that he has

completed the work to the satisfaction of the respondents. In

such circumstances, this Court is of the view that the

respondents are not justified in indefinitely delaying the

payment due to the petitioner.

In view of the above, the writ petition is disposed of

directing the 8th respondent-Executive Engineer to pay the

amount found due to the petitioner within a period of two

months.

sd/-

N.NAGARESH JUDGE hmh

APPENDIX OF WP(C) 16588/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF GO DATED 05/10/2012 ACCORDING ADMINISTRATIVE SANCTION FOR THE WORK.

Exhibit P2 TRUE COPY OF THE ORDER DATED 29/08/2014 ISSUED BY THE 7TH RESPONDENT SUPERINTENDING ENGINEER ACCORDING TECHNICAL SANCTION FOR THE WORK.

Exhibit P3 TRUE COPY OF THE AGREEMENT DATED 01/09/2015 ENTERED INTO BETWEEN THE PETITIONER AND THE 7TH RESPONDENT. Exhibit P4 TRUE COPY OF THE REPRESENTATION DATED 01/03/2021 BY THE PETITIONER ADDRESSED TO THE 8TH RESPONDENT.

Exhibit P5 TRUE COPY OF THE COMMUNICATION DATED 28/07/2021 ADDRESSED BY THE 8TH RESPONDENT TO THE PETITIONER.