Kerala High Court
Suresh S vs State Of Kerala on 11 January, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
TUESDAY, THE 11TH DAY OF JANUARY 2022 / 21ST POUSHA, 1943
WP(C) NO. 14071 OF 2021
PETITIONER:
SURESH S
AGED 51 YEARS
S/O SANKARAN NAIR, RESIDING AT VADAKKEPARAMBIL
HOUSE, THAMARASSERY.P.O,
KOZHIKODE-673573.
BY ADVS.
V.V.SURENDRAN
P.A.HARISH
DONA PAUL
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY PRINCIPAL SECRETARY,DEPARTMENT OF
SCHEDULE CASTE AND SCHEDULKE TRIBE
DEVELOPMENT,GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695001.
2 KERALA STATE CONSTRUCTION CORPORATION LIMITED
REPRESENTED BY ITS GENERAL MANAGER,KERALA STATE
CONSTRUCTION CORPORATION LIMITED,30/1521A,BAY
UNDER BRIDGE,NORTHER SIDE OF RAILWAY,
PONNURUNNI,VYTTILA-682019.
3 SCHEDULE CASTE DEVELOPMENT DEPARTMENT,
NANDAVANAM,VIKAS BHAVAN,
THIRUVANANTHAPURAM-695033.
4 THE EXECUTIVE ENGINEER
OFFICE OF EXECUTIVE ENGINEER,
PUBLIC WORKS DEPARTMENT,BUILDING SECTION,
PWD COMPLEX,KOZHIKODE-673001.
5 KERALA STATE CONSTRUCTION CORPORATION LIMITED,
KOZHIKODE-673001.
BY ADV SHRI.M.RAJAGOPALAN NAIR, SC, KSCC LTD.
SMT.LATHA THANKAPPAN, SPL.GP(SC/ST),
SRI.BIJU.G, SC FOR R2
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 11.01.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C).No.14071/2021
2
P.V.KUNHIKRISHNAN, J.
--------------------------------
W.P.(C).No.14071 of 2021
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Dated this the 11th day of January, 2022
JUDGMENT
This writ petition is filed with following prayers:
i. Issue a writ of mandamus or any other
appropriate writ order or direction directing
respondents 1 and 2 to pay a sum of Rs.
16,16,211/- being the amount payable to the
petitioner towards the work done by him for
electrification of the ITI, Kuravangadu in
Kozhikode along with interest for the delayed
payment within a time stipulated by this
Honourable Court.
ii. Issue any other appropriate writ, order or
direction that this Honourable Court may deem
just fit and proper to grant for the redressel of the
grievances of the petitioner.
2. Petitioner is an A class electrical contractor. The
2nd respondent invited tenders for the electrification of ITI,
W.P.(C).No.14071/2021
Kuravangadu in Kozhikode District. The petitioner submitted
his tender for work and was awarded the contract. The work
order was placed in favour of the petitioner for executing the
work at an agreed PAC of Rs.14,12,870/-. On the basis of
Ext.P1 work order issued to him, the petitioner entered into a
contract with the 2nd respondent on 09.01.2018. Thereafter,
on 11.05.2018 a supplemental agreement was also entered
into between the petitioner and the 2 nd respondent to carry
out certain extra items of civil work for the proper completion
of the work. The petitioner completed the work within the
time stipulated as per the terms and conditions of the
agreements and that also to the satisfaction of the
respondents. A final bill was also drawn. It is the case of the
petitioner that the 4th respondent, as early as on 17.01.2020,
has addressed the 3rd respondent informing him that a sum of
Rs.16,16,211/- has been credited to the joint account of
respondents 2 and 3. However, no amount is paid to the
petitioner till date. Hence this writ petition is filed.
3. Heard the learned counsel for the petitioner, the
learned Special Government Pleader (SC/ST) and also the
learned Standing Counsel for the 2nd respondent.
W.P.(C).No.14071/2021
4. The learned counsel for the petitioner reiterated his
contentions. The counsel submitted that the work is over
about two years back and even now no amount is paid to the
petitioner. The learned counsel submitted that even the
admitted amount is not paid. On the other hand, the learned
Special Government Pleader submitted that the estimated rate
of the work was Rs.12 lakhs, and now, in the light of the
additional work, the estimated rate will be about Rs.16 lakhs.
The learned Special Government Pleader also submitted that
only after getting sanction from the Government for the
additional work, the amount can be disbursed. The learned
Standing Counsel for the 2 nd respondent takes me through
paragraphs 7 to 9 of the statement filed and submitted that
once the permission is obtained from the 1 st respondent, the
amount will be disbursed to the petitioner.
5. This Court considered the contentions of the petitioner
and the respondents. It is an admitted fact that the petitioner
completed the work to the satisfaction of the respondents.
The estimated rate was Rs.12 lakhs. In the light of the Exts.P1
and P2 agreements, the estimated rate enhanced to
Rs.16,16,211/-. The case of the 2 nd respondent is that the 3 rd
W.P.(C).No.14071/2021
respondent already addressed the 1st respondent as per Ext.P8
for sanctioning the revised estimate. It will be better to
extract the relevant paragraphs of the statement filed by the
2nd respondent:
"7. The final bill for electrification for an amount of
Rs. 14,98,729/- was forwarded to the 3 rd respondent
by the Corporation on 25.10.2018. The bill was
approved by the 3rd respondent and forwarded to the
Executive Engineer, PWD, Buildings Division,
Kozhikode for encashment. The bill amount was
drawn and credited to the joint account of Managing
Director, Kerala State Construction Corporation and
Director, Schedule Caste Development Department
by the Executive Engineer on 15.01.2020.
8. It is submitted that the 3rd respondent did not
take further steps to release the payment to the
Contractor even after repeated requests from this
respondent. Later as per letter No. T1/4194/2010
dated 22.09.2020, the 3rd respondent asked the
Corporation to furnish explanation in respect of the
inclusion of extra items, whether the same was
brought to the notice of the Training Superintendent
of the Institute and their Training officer, reason for
the enhancement of the estimate amount by 35% etc.
The project of construction of the new building for
ITI, Kuravangad was executed with an overall
W.P.(C).No.14071/2021
savings of Rs.40,69,891.00.
9. It is submitted that the 2nd respondent
Corporation furnished reply to the clarifications
sought for by the 3rd respondent through various
correspondences. The 3rd respondent reported the
matter to the Government vide Exhibit-P8 and
requested sanction for the revised estimate and for
the expenditure of the excess amount required for
electrification. Government after scrutiny informed
the 3rd respondent vide letter No. No.A1/247/2020.
SCSTD dated 07.09.2021 that sanction cannot be
accorded for the additional expenditure as the
project was executed with a savings of
Rs.40,69,891.00 and also directed the department to
settle the pending claim to be released for the
project. But the 3rd respondent has not released the
payment to the petitioner so far."
6. Even though in the statement, it is stated that, the
Government, after scrutiny, rejected the sanction, the learned
Special Government Pleader submitted that the matter is even
now pending before the Finance Department of the
Government. It is also an admitted fact that the petitioner
completed the work to the satisfaction of the respondents. In
such circumstances, there is absolutely no reason to deny the
W.P.(C).No.14071/2021
amount due to the petitioner. Therefore the 1 st respondent has
to do the needful to pay the amount in the light of the fact that
the work is over and the work is completed by the petitioner to
the satisfaction of the respondents.
7. Therefore, the admitted amount of Rs.12 lakhs is to
be disbursed immediately and the balance amount is to be
disbursed after getting orders from the 1st respondent.
Therefore, this writ petition is disposed of in the
following manner:
1. The admitted amount of Rs.12 lakhs, after
statutory deductions, if any, shall be disbursed
to the petitioner by respondents 2 and 3
forthwith, at any rate, within two weeks from
the date of receipt of a copy of this judgment.
2. As far as the balance amount is concerned, the
1st respondent will consider the same in the
light of Ext.P8 and take a decision on it, within
one month from the date of receipt of a copy of
this judgment.
3. Based on the decision to be taken by the 1 st
respondent, the balance amount if any will be
W.P.(C).No.14071/2021
disbursed to the petitioner within three weeks
from the date on which the 1st respondent pass
such an order.
4. The question of interest is left open.
sd/-
P.V.KUNHIKRISHNAN
JV JUDGE
W.P.(C).No.14071/2021
APPENDIX OF WP(C) 14071/2021
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE WORK ORDER
NO.CC/GM/EKM/312/101/VOL.III/6170
DATED 14.12.2017 ISSUED BY THE 2ND
RESPONDENT TO THE PETITIONER
Exhibit P2 A TRUE COPY OF THE AGREEMENT
NO.CC/GM(E)/DT/50/KKD/2017-18 DATED
09.01.2018 ENTERED INTO BETWEEN THE
PETITIONER AND THE 2ND RESPONDENT.
EXHIBIT P3 A TRUE COPY OF THE SUPPLEMENTAL
AGREEMENT NO.1 TO MAIN AGREEMENT
CC/GM(E)/DT/50/KKD/2017-18 DATED
11.05.2018 ENTERED INTO BETWEEN THE
PETITIONER AND THE 2ND RESPONDENT.
Exhibit P4 A TRUE COPY OF THE LAWYER NOTICE
ISSUED BY THE PETITIONER DATED
30.10.2020.
Exhibit P5 A TRUE COPY OF THE REPLY ISSUED BY THE
2ND RESPONDENT DATED 18.11.2020
Exhibit P6 A TRUE COPY OF LETTER DATED 18.11.2020
SEND BY THE 2ND RESPONDENT TO THE 3RD
RESPONDENT.
Exhibit P7 A TRUE COPY OF THE REPLY OF THE 3RD
RESPONDENT DATED 08.01.2021
Exhibit P8 A TRUE COPY OF THE LETTER ISSUED BY
THE 3RD RESPONDENT TO THE 1ST
RESPONDENT DATED 25.11.2020.
