Kerala High Court
P T Sreenivasan vs Chief Engineer on 6 June, 2024
Author: T.R.Ravi
Bench: T.R.Ravi
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
THURSDAY, THE 6TH DAY OF JUNE 2024 / 16TH JYAISHTA, 1946
WP(C) NO. 11311 OF 2024
PETITIONER:
P T SREENIVASAN
AGED 65 YEARS
S/O P T MADHAVAN, PWD CONTRACTOR, THAYYIL HOUSE,
CHELAVOOR P.O, KOZHIKODE, PIN - 673571
BY ADVS.
JOMY GEORGE
R.PADMARAJ
M.J.BENNY
R.AJITH KUMAR [V.K.EDOM]
SAJEEVAN V.T.
CHITRA N. DAS
RISHAB S.
ASWIN ASHOK V.
ANJALI G KUTTY
RESPONDENTS:
1 CHIEF ENGINEER
NATIONAL HIGHWAY SECTION, PUBLIC WORKS DEPARTMENT,
KOZHIKODE, PIN - 673006
2 SUPERINTENDING ENGINEER
NATIONAL HIGHWAY SECTION, PUBLIC WORK DEPARTMENT,
KOZHIKODE, PIN - 673006
3 ASSISTANT ENGINEER
PUBLIC WORKS DEPARTMENT, NATIONAL HIGHWAY SECTION,
KOZHIKODE, PIN - 673006
4 STATE OF KERALA
REPRESENTED BY ITS SECRETARY PUBLIC WORKS DEPARTMENT,
GOVERNMENT SECRETARIAT, THIRUVANATHAPURAM, PIN - 695001
SRI. P.S. APPU.GP.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 11311 OF 2024 2
T.R. RAVI, J.
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W.P.C No. 11311 of 2024
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Dated this the 6th day of June, 2024
JUDGMENT
The grievance of the petitioner is that the bill raised
after carrying out the contract has not been honoured by the
respondents.
2. A counter affidavit has been filed by the 2 nd
respondent. Paragraphs 4 and 5 of the counter affidavit read
thus:
4. "As per the original estimate GST was
calculate at the rate 12% Vide G.O(P)
No.82/2022/TAXES dated 18.07.2022, rate of GST
has been enhance to 18%. Thus, there was a hike of
6% on revised estimate. When the contract amount is
revised, taking into the additional works, the revised
technical sanction would come to Rs.2,10,37,000/-
instead of Rs.1,99,95,000. The request has been sent
to the Government in this regard vide letter dated
07.09.2023. As per order dated 30.11.2023, sanction
has been granted for an amount of Rs.2,02,59,000/-
at agreed rate. But the Revised Estimate could not be
approved in PRICE portal. Therefore another request
has been forwarded to the Government for
administrative sanction and technical sanction for
the revised amount. But the Government had issued
a letter on 01.03.2024 stating that the PRICE
software is being modified to approved revised
estimate on agreed rate. But there is no option in
PRICE software for submitting the estimate at
Agreed rate. Hence complaint has been send to the
PRICE software on 05.03.2024. On 12.03.2024, a
reply has been given from the PRICE software
intimating that the Government orders have to be
uploaded to approve the revised estimate at agreed
rate. A true copy of the screen shot of said
communication extract from the computer screen is
attached herewith and marked as Exhibit R2(a).
5. It is submitted that the final bill can be
generated only after revised estimate is approved. A
letter of reminder was also sent to the Government
from the office of the Chief Engineer, PWD National
Highway. True copy of such letter dated 1.04.2024 is
produced herewith and marked as Exhibit R2(b). A
reply in this regard is awaited and the final bill can
be given to the petitioner only after obtaining orders
from the Government".
3. It can be seen from paragraph 4 above, that the
difficulty expressed is technical. It can also be seen from Ext.
R2(b) that the 4th respondent has to approve the payment.
In the above circumstances, this writ petition is disposed
of with the following directions:
(i). The 4th respondent shall consider Ext.R2(b) and pass
necessary orders at the earliest, at any rate, within a period
of one month from the date of receipt of a copy of this
judgment.
(ii) On the issuance of orders by the 4 th respondent, the
2nd respondent shall ensure that the payment is made within
three months thereafter.
Sd/-
T.R.RAVI
JUDGE
LEK
APPENDIX OF WP(C) 11311/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE AGREEMENT HAVING
NO.01/2022-23/SE/NH/KKD DATED 06.05.2022
Exhibit P2 THE TRUE COPY OF THE WORK COMPLETION
CERTIFICATE DATED 19.06.2023 ISSUED BY
THE 2ND RESPONDENT
Exhibit P3 TRUE COPY OF THE GENERAL BILL SANCTIONED
BY THE RESPONDENTS AS ON 04.07.2023
Exhibit P4 TRUE COPY OF THE PROCEEDINGS AS GIVEN IN
PRICE 3 SOFTWARE FROM 08.11.2022 TO
11.03.2024
Exhibit P5 TRUE COPY OF THE ORDER ISSUED BY THE
DEPUTY SECRETARY OF THE PWD,
THIRUVANATHAPURAM DATED 30.11.2023
Exhibit P6 TRUE COPY OF THE LETTER SUBMITTED BY THE
PETITIONER INVOKING RIGHT TO INFORMATION
ACT TO THE RIGHT TO INFORMATION OFFICER
OF THE PWD NH DIVISION, KOZHIKODE DATED
12.03.2024
RESPONDENT EXHIBITS
EXHIBIT R2(a) TRUE COPY OF THE SCREEN SHOT OF THE
COMMUNICATION EXTRACTED FROM THE COMPUTER
SCREEN
EXHIBIT R2(b) TRUE COPY OF THE LETTER DATED 01.04.2024
FROM THE OFFICE OF THE CHIEF ENGINEER
,PWD NATIONAL HIGHWAY TO THE GOVERNMENT
