Hamza Haji vs State Of Kerala
2023 Latest Caselaw 7858 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
        THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
 WEDNESDAY, THE 26TH DAY OF JULY 2023 / 4TH SRAVANA, 1945
                   WP(C) NO. 22779 OF 2023
PETITIONER/S:
          HAMZA HAJI, AGED 71 YEARS
          S/O. POCKER KUTTY HAJI, PWD CONTRACTOR, POOKATH
          HOUSE, ULLANAM P.O., PARAPPANANGADI, MALAPPURAM
          DISTRICT, PIN - 676303
          BY ADVS.
          C.M.MOHAMMED IQUABAL
          P.ABDUL NISHAD
          RAIHANATH T.H.
          KEERTHI JAYAKUMAR
          ISTINAF ABDULLAH
          MUHAMMED AMEEN
RESPONDENT/S:
    1     STATE OF KERALA
          REPRESENTED BY THE SECRETARY, REVENUE DEPARTMENT,
          GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN -
          695001
    2     THE ADDITIONAL CHIEF SECRETARY,
          REVENUE (P) DEPARTMENT, GOVERNMENT SECRETARIAT,
          THIRUVANANTHAPURAM, PIN - 695001
    3     THE DISTRICT COLLECTOR, MALAPPURAM,
          COLLECTORATE, MALAPPURAM P.O., PIN - 676505
    4     THE EXECUTIVE ENGINEER,
          IRRIGATION DIVISION, MALAPPURAM, MALAPPURAM P.O.,
          PIN - 676505
    5     THE ASSISTANT EXECUTIVE ENGINEER,
          IRRIGATION SUB DIVISION, PARAPPANANGADI,
          MALAPPURAM DISTRICT, PIN - 676303
OTHER PRESENT:
          SMT. VIDYA KURIAKOSE , GP
     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
26.07.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                                      -2-
W.P.(C). No. 22779 of 2023



                              P.V.KUNHIKRISHNAN, J.
                             ======================================================

                               W.P.(C) No. 22779 of 2023
                         =============================================================

                        Dated this the 26th day of July, 2023

                                           JUDGMENT

The above writ petition is filed with following prayers:

"a) Issue a writ of mandamus or any other appropriated writ order or direction directing the respondents to pay the entire amount due to the petitioner for the works completed by him in pursuant to Ext. P1 selection notice and Ext. P2 agreement schedule, within the time stipulated by this Hon'ble Court.

b) Pass an order dispensing with the production of English translation of vernacular document at the time of filing of the Writ Petition. and

c) Pass any other appropriate writ, order or direction which this Hon'ble Court may deem fit to issue and the petitioner may pray from time to time." (sic)

2. The petitioner is a licensed PWD Contractor. He was

awarded the work of protecting the R/D of Kadalundi river at

Moozhikkal in Ward No.19 of A.R.Nagar Gramapanchayat as per

Ext.P1 selection notice and an agreement was executed in this regard

with Ext.P2 schedule. It is submitted that the petitioner completed the

work on 31.05.2021 and the final bill was forwarded on 23.07.2021.

W.P.(C). No. 22779 of 2023

Since the amount in the final bill exceeds the approved amount, the 3 rd

respondent issued Ext.P3 communication to the 2 nd respondent to

grant permission to pay the bill. Even though the final bill was

submitted on 23.07.2021, the amount due to the petitioner is not paid

is the grievance. Hence, this writ petition.

3. Heard the counsel for the petitioner and the Government

Pleader.

4. There is no dispute regarding the fact that the petitioner

completed the work. The only dispute is that the bill submitted by the

petitioner exceeds the sanctioned amount, for which permission from

the 1st respondent Government is necessary. Whatever that may be, it

is the duty of the respondents 1 to 3 to see that the amount is paid to

the petitioner. Therefore, this writ petition can be disposed of

directing the respondents 1 to 3 to see that the amount due to the

petitioner is disburse within three months.

Therefore, this writ petition is disposed of in the following

manner:

W.P.(C). No. 22779 of 2023

1. Respondents 1 to 3 are directed to disburse the eligible amount to the petitioner as expeditiously as possible, at any rate within three months from the date of receipt of a certified copy of this judgment.

2. The petitioner will produce a stamped certified copy of this judgment together with a copy of this writ petition before respondents 1 to 3 for compliance.

sd/-

P.V.KUNHIKRISHNAN JUDGE das

W.P.(C). No. 22779 of 2023

APPENDIX OF WP(C) 22779/2023

PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF SELECTION NOTICE ISSUED BY THE 4TH RESPONDENT DATED 06.05.2020 Exhibit P2 THE TRUE COPY OF THE AGREEMENT SCHEDULE DATED 18.05.2020 Exhibit P3 THE TRUE COPY OF THE LETTER ISSUED BY THE 3RD RESPONDENT TO THE 2ND RESPONDENT DATED 22.08.2022