N.Kanakaraj vs State Of Kerala
2022 Latest Caselaw 9103 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                   THE HONOURABLE MR.JUSTICE V.G.ARUN
     WEDNESDAY, THE 27TH DAY OF JULY 2022 / 5TH SRAVANA, 1944
                        WP(C) NO. 24323 OF 2022
PETITIONER/S:

          N.KANAKARAJ
          AGED 50 YEARS, S/O.NESAN J., RESIDING AT GEETHAM HOUSE,
          PARAYAMVILA, VIRALY, KULATHOOR, UCHAKKADA P.O.,
          THIRUVANANTHAPURAM DISTRICT - 695 506.

          BY ADVS.
          R.NIKHIL(K/447/2007)
          MISHAL M.DASAN



RESPONDENT/S:

    1     STATE OF KERALA
          REPRESENTED BY THE PRINCIPAL SECRETARY, FINANCE
          (INDUSTRIES & PUBLIC WORKS-B) DEPARTMENT, SECRETARIAT
          ANNEXE, THIRUVANANTHAPURAM DISTRICT - 685 001.

    2     POOVAR GRAMA PANCHAYAT
          REPRESENTED BY ITS SECRETARY, OFFICE OF THE POOVAR GRAMA
          PANCHAYAT, POOVAR P.O., THIRUVANANTHAPURAM DISTRICT -
          695 525.

    3     THE SECRETARY
          POOVAR GRAMA PANCHAYAT, OFFICE OF THE POOVAR GRAMA
          PANCHAYAT, POOVAR P.O., THIRUVANANTHAPURAM DISTRICT -
          695 525.

    4     THE ASSISTANT ENGINEER
          LSGD SECTION, POOVAR GRAMA PANCHAYAT, OFFICE OF THE
          POOVAR GRAMA PANCHAYAT, POOVAR P.O., THIRUVANANTHAPURAM
          DISTRICT - 695 525.

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
27.07.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 24323 OF 2022
                                    2

                    JUDGMENT

Dated this the 27th day of July, 2022

The petitioner was awarded the contract for

reconstruction of various roads within the second

respondent Panchayat. The petitioner executed the work

satisfactorily. The petitioner laments that due to steep

raise in the price of Bitumen, he has incurred heavy loss. It

is stated the issue regarding price difference in Bitumen

and resulted loss to contractors, was considered by the

Government and Ext.P1 Government order issued,

directing that the price difference of bitumen as on the

date of closing tender and the date of invoice should be

paid to the contractor on production of original invoice for

the actual quantity consumed for the works. The petitioner

has submitted Ext.P2 representation requesting to extend

the benefit of Ext.P1 Government order. This writ petition

is filed seeking expeditious consideration of the

representation and disbursal of eligible amount.

2. I heard the learned Counsel for the petitioner, WP(C) NO. 24323 OF 2022

learned Government Pleader and the learned Standing

Counsel for second respondent, Panchayat.

Considering the limited relief sought, the Writ Petition

is disposed of directing respondents 3 and 4 to consider

Ext.P2 representation, with specific reference to Ext.P1

Government order, and take a decision thereon within 45

days, after affording an opportunity of hearing to the

petitioner. If the petitioner is found eligible for the benefit

of Ext.P1 Government order, the differential amount due to

him shall also be disbursed expeditiously.

Sd/-

V.G.ARUN JUDGE RK WP(C) NO. 24323 OF 2022

APPENDIX OF WP(C) 24323/2022

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF THE GO(RT) NO.9386/2018/FIN. DATED 13/11/2018.

Exhibit P2 A TRUE COPY OF THE REPRESENTATION DATED 12/07/2022 SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT.

Exhibit P3 A TRUE COPY OF THE ACKNOWLEDGEMENT CARD SIGNED BY THE 3RD RESPONDENT.

Exhibit P4 A TRUE COPY OF THE ACKNOWLEDGEMENT CARD SIGNED BY THE 4TH RESPONDENT.