Kerala High Court
Joji vs State Of Kerala on 14 January, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 14TH DAY OF JANUARY 2022 / 24TH POUSHA, 1943
WP(C) NO. 12391 OF 2021
PETITIONER:
JOJI,
AGED 31 YEARS,
S/O. JOHNSENT, KRIPA BHAVAN,
ARUVIPURAM, NEYYATTINKARA,
THIRUVANANTHAPURAM
BY ADV R.GOPAN
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY,
PUBLIC WORKS DEPARTMENT,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM - 695 001
2 THE EXECUTIVE ENGINEER,
THE DISTRICT PANCHAYATH,
LOCAL SELF GOVERNMENT DEPARTMENT,
DISTRICT PANCHAYATH OFFICE,
PATTOM, THIRUVANANTHAPURAM - 695 004
3 THE ASSISTANT EXECUTIVE ENGINEER,
PARASSALA BLOCK PANCHAYATH,
LOCAL SELF GOVERNMENT DEPARTMENT,
BLOCK PANCHAYATH OFFICE,
PARASSALA,
THIRUVANANTHAPURAM - 695 502
4 THE ASSISTANT ENGINEER
CHENKAL GRAMA PANCHAYATH,
LOCAL SELF GOVERNMENT DEPARTMENT,
CHENKAL P.O,
THIRUVANANTHAPURAM - 695 132
5 THE SECRETARY
REPRESENTED BY THE
CHENKAL GRAMA PANCHAYATH,
WP(C) NO. 12391 OF 2021
2
CHENKAL P.O,
NEYYATTINKARA,
THIRUVANANTHAPURAM - 695 132
BY ADVS.
SHRI.N.MANOJ KUMAR, STATE ATTORNEY
R.T.PRADEEP
K.C.HARISH
SRI.K.R.RANJITH, GOVERNMENT PLEADER FOR STATE
ATTORNEY
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 14.01.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) NO. 12391 OF 2021
3
P.V.KUNHIKRISHNAN, J
-----------------------------------------
W.P.(C)No.12391 of 2021
------------------------------------------
Dated this the 14th day of January, 2022
JUDGMENT
The above writ petition is filed with following
prayers:
"i) Issue a writ of mandamus or any other
appropriate writ, direction or order directing the 3 rd
respondent to dispose of Ext.P4 forthwith at any
rate within the time fixed by this Honourable Court.
ii) Issue a writ of mandamus or any other
appropriate writ, direction or order directing the 5th
respondent to disburse the sanctioned Bill amount
to the petitioner forthwith.
Iii) Grant such other reliefs as this Honourable
Court may deem fit and proper in the interest of
justice."
2. The petitioner is a C Class Government
Contractor. The petitioner's tender for the work of
renovation of basic infrastructure of implementing office
WP(C) NO. 12391 OF 2021
under Panchayath (DM PLAN) was accepted for agreed
PVC of Rs.5,56,974/-. Ext.P1 is the proceedings.
According to the petitioner, he completed the work on
25.03.2021 as evident by Ext.P2 completion certificate.
The 4th respondent submitted final bill for
Rs.5,43,154.35/- before the 3rd respondent for sanction
as evident by Ext.P4. The grievance of the petitioner is
that, even now the amount due to the petitioner is not
received. Hence this writ petition is filed.
3. Heard the learned counsel for the petitioner, the
learned Standing counsel for the 5th respondent
Panchayath and the learned Government Pleader.
4. The learned counsel for the petitioner reiterated
his contentions in this writ petition. On the other hand,
the learned Government Pleader submitted that, a
perusal of Ext.P4 itself will show that there are certain
extra items of work done by the contractor without
technical sanction as provided under PWD Manual. That
is why Ext.P4 is not processed. On the other hand the
learned Standing counsel for the 5 th respondent
WP(C) NO. 12391 OF 2021
submitted that the agreed PVC was Rs.5,56,974/- and
Ext.P4 is for a lesser amount and that is
Rs.5,43,154.35/-. The learned counsel submitted that, if
necessary, a revised estimate will be submitted by the
officer concerned of the Panchayath before the 3 rd
respondent.
5. Admittedly, the work is completed by the
petitioner and there is no complaint about the work.
Hence the petitioner is entitled remuneration for the
work he completed. In such circumstances, there can
be a direction to the 4th respondent to submit a revised
estimate incorporating the additional work done by the
petitioner and the 3rd respondent can be directed to
consider the same and pass orders. Thereafter based on
the decision, the amount due to the petitioner can be
disbursed within a time frame.
Therefore, this writ petition is disposed of in the
following manner:
i. The 4th respondent will submit a revised estimate
incorporating the additional items of work done by
WP(C) NO. 12391 OF 2021
the petitioner, within three weeks from the date of
receipt of a copy of this judgment.
ii. Once such a revised estimate is received by the 3 rd
respondent, the 3rd respondent will consider the
same and pass appropriate orders in it, after
getting necessary sanction, if any, from all
authorities, as expeditiously as possible, at any
rate, within two months from the date of receipt of
the revised estimate.
iii. Based on the orders passed by the 3 rd respondent,
the amount due to the petitioner should be
disbursed to the petitioner within two weeks from
the date on which a decision is taken by the 3 rd
respondent as directed above.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
DM
WP(C) NO. 12391 OF 2021
APPENDIX OF WP(C) 12391/2021
PETITIONER EXHIBITS
EXHIBIT P1 PHOTOCOPY OF THE SELECTION NOTICE
DATED 25-09-2020 ISSUED BY THE 4TH
RESPONDENT TO THE PETITIONER.
EXHIBIT P2 PHOTOCOPY OF THE COMPLETION
CERTIFICATE ISSUED BY THE 4TH
RESPONDENT TO THE PETITIONER
EXHIBIT P3 PHOTOCOPY OF THE SUPERVISION
CERTIFICATE ISSUED BY THE 2ND GRADE
OVERSEER, LSGD, CHENKAL GRAMA
PANCHAYATH
EXHIBIT P4 PHOTOCOPY OF THE FINAL BILL FOR THE
WORK DONE BY THE PETITIONER AS PER
THE AGREEMENT
RESPONDENTS EXHIBITS : NIL
//TRUE COPY//
PA TO JUDGE
