Shaji.V vs The Secretary To Government
2023 Latest Caselaw 8655 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
              THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
    WEDNESDAY, THE 9TH DAY OF AUGUST 2023 / 18TH SRAVANA, 1945
                        WP(C) NO. 23417 OF 2020
PETITIONER:

          MR.SHAJI.V
          AGED 51 YEARS
          S/O.V.O.VARGHESE, RESIDING AT VANIYAPURAKKAAL, PURAKKAD
          P.O., ALAPUZHA DISTRICT-688 561

          BY ADVS.
          S.SREEKUMAR (KOLLAM)
          SMT.V.BEENA



RESPONDENTS:

    1     THE SECRETARY TO GOVERNMENT
          PUBLIC WORK DEPARTMENT, SECRETARIATE,
          THIRUVANANTHAPURAM-69

    2     THE EXECUTIVE ENGINEER (AGRI), REGIONAL OFFICE
          KOZHIKODE, PIN-673 004

    3     THE DIRECTOR OF AGRICULTURE
          DIRECTORATE OF AGRICULTURAL DEVELOPMENT AND FARMERS
          WELFARE, VIKAS BHAVAN, THIRUVANANTHAPURAM-695 033

    4     THE AGRICULTURAL STATE ENGINEER
          DIRECTORATE OF AGRICULTURAL , VIHAS BHAVAN,
          THIRUVANANTHAPURAM-695 033

    5     THE ASSISTANT EXECUTIVE ENGINEER (AGRI),
          ANAKKAYAM P.O., MALAPPURAM-676 509

          BY ADV GOVERNMENT PLEADER


OTHER PRESENT:

          SMT.VIDHYA KURIAKOSE GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
09.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P (C) No.23417 of 2020

                                      2

                   P.V.KUNHIKRISHNAN
              ---------------------
                  W.P (C) No.23417 of 2020
           ---------------------------
             Dated this the 9th day of August, 2023

                               JUDGMENT

This writ petition is filed with the following prayers:-

"(i). To issue a writ of mandamus or any other appropriate directions compelling and commanding the second respondent to encash the work-bill of the petitioner in the light of Exhibit P1 and 2 agreement and Exhibit-P4 account of work within a time frame that this Hon'ble Court may consider reasonable.

(ii) To issue a writ of mandamus or any other appropriate directions, directing the second respondent to consider Exhibit P5 submission within a time frame that this Hon'ble Court may consider reasonable.

(iii) To issue a writ of mandamus or any other appropriate directions, directing the respondents to pay 12% interest on Exhibit P-4 account of work till the final disposal of the entire bill amount.

(iv) Issue such other writ, order or direction that this Court may deem fit and proper in the nature and circumstances of the case." (SIC)

2. When this writ petition came up for consideration,

the learned counsel for the petitioner submitted that the

petitioner will be satisfied if a direction is issued to the 2 nd

respondent to consider Ext.P6, within a time frame, after

giving an opportunity of hearing to the petitioner. W.P (C) No.23417 of 2020

3. Heard the learned Government Pleader also.

4. After hearing both sides, I think that prayer can

be allowed.

Therefore, this writ petition is disposed of with the

following directions.

1) The 2nd respondent is directed to consider and pass appropriate orders in Ext.P6, after giving an opportunity of hearing to the petitioner, as expeditiously as possible, at any rate within one month from the date of receipt of a certified copy of this judgment.

2) The petitioner will produce a certified copy of this judgment along with a copy of the writ petition before the 2nd respondent for compliance.

Sd/-

P.V.KUNHIKRISHNAN JUDGE

bng W.P (C) No.23417 of 2020

APPENDIX OF WP(C) 23417/2020

PETITIONER EXHIBITS

EXHIBIT P1 THE TRUE COPY OF THE AGREEMENT NO.59/2012 -13 DATED 27.3.2012 EXECUTED BETWEEN THE PETITIONER AND THE 2ND RESPONDENT

EXHIBIT P2 THE TRUE COPY OF THE SUPPLEMENTARY AGREEMENT NO.06/2017-2018 DATED 15.9.2017

EXHIBIT P3 THE TRUE LETTER DATED 28.6.2018 ISSUED FROM DIRECTOR OF AGRICULTURAL

EXHIBIT P4 THE TRUE COPY OF THE ACCOUNT OF WORK ISSUED BY THE 3RD RESPONDENT

EXHIBIT P5 THE TRUE COPY SUBMISSION DATED 21.1.2019 SUBMITTED BEFORE THE 4TH RESPONDENT

Exhibit -P6 THE TRUE COPY OF THE SUBMISSION GIVEN BY ME TO THE 2ND RESPONDENT DATED 09.12.2022 AND ITS RECEIPT