Kerala High Court
L. Selvan vs State Of Kerala on 14 July, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 14TH DAY OF JULY 2023 / 23RD ASHADHA, 1945
WP(C) NO. 22908 OF 2023
PETITIONER:
L. SELVAN
AGED 57 YEARS
S/O.LAKSHMANANNADAR, GOVERNMENT CONTRACTOR, ARUN
BHAVAN, MANCHERY THAMALAM, POOJAPPURA P.O.,
THIRUVANANTHAPURAM, PIN - 695012
BY ADVS.
AJITH KRISHNAN
V.P.RAMESAN
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS PRINCIPAL SECRETARY, LOCAL SELF
GOVERNMENT DEPARTMENT, GOVT. SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 THE CHIEF ENGINEER
LOCAL SELF GOVERNMENT (ENGINEERING) DEPARTMENT, SWARAJ
BHAVAN, NANDANCODE, KAWDIYAR P.O, THIRUVANANTHAPURAM,
PIN - 695003
3 THIRUVANANTHAPURAM CORPORATION
REPRESENTED BY ITS SECRETARY, PALAYAM,
THIRUVANANTHAPURAM, PIN - 695033
4 THE SUPERINTENDING ENGINEER
LOCAL SELF GOVERNMENT (ENGINEERING) DEPARTMENT,
THIRUVANANTHAPURAM CORPORATION, PALAYAM,
THIRUVANANTHAPURAM, PIN - 695033
5 THE EXECUTIVE ENGINEER
LSGD, DISTRICT PANCHAYATH OFFICE, PATTOM,
THIRUVANANTHAPURAM - 695 004
OTHER PRESENT:
SRI.SUMAN CHAKRAVARTHY, SC, SRI. B.S.SYAMANTAK, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
14.07.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P (C) No.22908 of 2023
2
P.V.KUNHIKRISHNAN
---------------------
W.P (C) No.22908 of 2023
---------------------------
Dated this the 14th day of July, 2023
JUDGMENT
This writ petition is filed with the following prayers:-
"i. Issue a writ of Mandamus or any other
appropriate writ or order or direction, commanding
the respondents to disburse the bill amount of
Rs.74,25,270/- (Rupees Seventy four Lakhs Twenty
five Thousand Two Hundred and Seventy only)
with regard to the 5 works of Exhibit P1, P4, P7,
P10 and P13 forthwith.
ii. Issue a writ of Mandamus or any other
appropriate writ or order or direction, commanding
the respondents to consider Exhibit P18 and pass
appropriate orders and disburse the bill amount of
Rs.74,25,270/- (Rupees Seventy four Lakhs Twenty
five Thousand Two Hundred and Seventy only)
with regard to the 5 works of Exhibit P1, P4, P7,
P10 and P13 forthwith.
iii. Issue a writ of Mandamus or any other
appropriate writ or order or direction, commanding
the respondents to pay the interest @ 18% on the
amount due to the petitioner forthwith.
iv. The petitioner may be permitted to dispense
with the filing of translation of vernacular
documents.
v. Issue such other appropriate writ, order or
direction as this Hon'ble Court deems fit and
proper, in the circumstances of the case." (SIC)
2. When this writ petition came up for consideration,
the learned counsel for the petitioner submitted that the
W.P (C) No.22908 of 2023
petitioner will be satisfied if a direction is issued to the 2 nd
respondent to consider Ext.P18 within a time frame.
3. Heard the learned counsel for the petitioner and
learned Government Pleader. I also heard the learned
Standing Counsel appearing for the 3rd respondent.
4. After hearing both sides, I think this writ petition
itself can be disposed of directing the 2 nd respondent to
consider Ext.P18 within a time frame with notice to the
petitioner.
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.P18, after giving an
opportunity of hearing to the petitioner as
expeditiously as possible and disburse the eligible
amount to the petitioner if any, if the 2nd
respondent is the disbursing authority within three
months 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.22908 of 2023
APPENDIX OF WP(C) 22908/2023
PETITIONER EXHIBITS
Exhibit-P1 . THE TRUE COPY OF THE WORK ORDER
ISSUED BY THE 4TH RESPONDENT TO THE
PETITIONER VIDE PROJECT NO. 71457/20
(RKI DATED 26-10-2021)
Exhibit-P2 A TRUE COPY OF THE RELEVANT PAGES OF
THE AGREEMENT NO. 25/RKI/2021-22 DATED
13-10-2021
Exhibit-P3 A TRUE COPY OF THE RELEVANT PAGES OF
THE RUNNING ACCOUNT BILL
Exhibit-P4 THE TRUE COPY OF THE WORK ORDER ISSUED
BY THE 4TH RESPONDENT TO THE PETITIONER
VIDE PROJECT NO. E10/71452/2020 (RKI)
DATED 26-10-2021
Exhibit-P5 A TRUE COPY OF THE RELEVANT PAGES OF
THE AGREEMENT NO. 24/RKI/2021-22 DATED
13-10-2021
Exhibit-P6 A TRUE COPY OF THE RELEVANT PAGES OF
THE RUNNING ACCOUNT BILL OF RENOVATION
WORK OF NETHAJI BOSS ROAD ROAD IN
MUTTADA WARD - 24/RKI/21-22 DATED 13-
10-2021
Exhibit-P7 TRUE COPY OF THE WORK ORDER ISSUED BY
THE 4TH RESPONDENT TO THE PETITIONER
VIDE PROJECT NO. 437/21 RKI DATED 26-
10-2021
Exhibit-P8 A TRUE COPY OF THE RELEVANT PAGES OF
THE AGREEMENT NO. 28/RKI/2021-22 DATED
16-10-2021
Exhibit-P9 A TRUE COPY OF THE RELEVANT PAGES OF
THE RUNNING ACCOUNT BILL OOF
MAINTENANCE OF IAS COLONY & KAVALLOOR
LANE - REF.AGREEMENT NO. 28/RKI/21-22
DTD. 16-102021
W.P (C) No.22908 of 2023
Exhibit-P10 THE TRUE COPY OF THE WORK ORDER ISSUED
BY THE 4TH RESPONDENT TO THE PETITIONER
VIDE PROJECT NO. VTZ/A2/3410/21
(CMLRRP) DATED 26-10-2021
Exhibit-P11 A TRUE COPY OF THE RELEVANT PAGES OF
THE AGREEMENT NO. 30/CMLRRP/2021-22
DATED 20-10-2021
Exhibit-P12 A TRUE COPY OF THE RELEVANT PAGES OF
THE RUNNING ACCOUNT BILL OF CMLRRP-
132/21, NETTAYAM PUTHOORKONAM AND
VETTIKKONAM CHERUPALODE ROAD,
RENOVATION, NETTAYAM WARD, - REF.
AGREEMENT NO. 30/CMLRRP/2021-22 DTD 20-
10-2021
Exhibit-P13 THE TRUE COPY OF THE WORK ORDER ISSUED
BY THE 4TH RESPONDENT TO THE PETITIONER
VIDE PROJECT NO. VTZ/A2/3411/21
(CMLRRP) DATED 26-10-2021
Exhibit-P14 A TRUE COPY OF THE RELEVANT PAGES OF
THE AGREEMENT NO. 29/CMLRRP/2021-22
DATED 16-10-2021
Exhibit-P15 A TRUE COPY OF THE RELEVANT PAGES OF
THE RUNNING ACCOUNT BILL OF CMLRRP-
133/21 MALAMMUKAL-SEMITHERI-BLESSING
VILLA ROAD RENOVATION - REF. AGREEMENT
NO. 29/CMLRRP/2021-22/ DATED 16-10-2021
Exhibit-P16 THE TRUE COPY OF THE RELEVANT PAGE
ISSUED BY THE 1ST RESPONDENT VIDE G.O.
NO. (KI) NO. 170/2020/LSGD DATED 4-11-
Exhibit-P17 THE TRUE COPY OF THE GO (MS)
20/2021/LSGD DATED 29-1-2021 ISSUED BY
THE 1ST RESPONDENT
Exhibit-P18 A TRUE COPY OF THE ONE OF THE
REPRESENTATION DATED 9-6-2023 SUBMITTED
BY THE PETITIONER TO THE RESPONDENTS
