M/S. Kavumkal Road Builders vs State Of Kerala
2024 Latest Caselaw 31234 Ker

Citation : 2024 Latest Caselaw 31234 Ker
Judgement Date : 1 November, 2024

Kerala High Court

M/S. Kavumkal Road Builders vs State Of Kerala on 1 November, 2024

Author: V.G.Arun

Bench: V.G.Arun

                                                         2024:KER:83227



              IN THE HIGH COURT OF KERALA AT ERNAKULAM

                              PRESENT

                 THE HONOURABLE MR.JUSTICE V.G.ARUN

    FRIDAY, THE 1ST DAY OF NOVEMBER 2024 / 10TH KARTHIKA, 1946

                      WP(C) NO. 25221 OF 2024

PETITIONER:

          M/S. KAVUMKAL ROAD BUILDERS
          CHEMPANOLI, VECHOOCHIRA P.O, PATHANAMTHITTA DISTRICT
          REPRESENTED BY ITS MANAGING PARTNER KURIAKOSE SABU AGED
          60 S/O. LATE.UTHUPPAN KURIAKOSE, KAVUMKAL HOUSE ANGADI
          P.O, RANNY, PATHANAMTHITTA DISTRICT, PIN - 689674

          BY ADVS.
          V.PHILIP MATHEWS
          ABIYA MARIYAM MATHEW


RESPONDENTS:
     1     STATE OF KERALA
           REPRESENTED BY ITS SECRETARY DEPARTMENT OF PUBLIC
           WORKS, KERALA GOVERNMENT SECRETARIAT
           THIRUVANANTHAPURAM, PIN - 695001

    2     THE CHIEF ENGINEER PWD (ROADS )
          OFFICE OF THE CHIEF ENGINEER LMS VELLAYAMBALAM RD,
          UNIVERSITY OF KERALA SENATE HOUSE CAMPUS, PALAYAM,
          THIRUVANANTHAPURAM, PIN - 695033

    3     THE SUPERINTENDING ENGINEER
          OFFICE OF SUPERINTENDING ENGINEER, PWD ROADS AND
          BRIDGES, SOUTH CIRCLE, THIRUVANANTHAPURAM, PIN - 695033

    4     THE EXECUTIVE ENGINEER
          OFFICE OF THE EXECUTIVE ENGINEER, PWD ROADS DIVISION,
          NEAR COLLECTORATE, CHITTOOR, PATHANAMTHITTA, PIN -
          689645
          SMT. DEEPA NARAYANAN, SR. GP.

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
01.11.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C)No.25221 of 2024                                                2024:KER:83227
                                       2

                                JUDGMENT

Dated this the 1st day of November, 2024

Petitioner was awarded the work-"FDR

2018-19 Improvements of Maramon Arattupuzha

Road ch.0/000/05/490 and Parappuzha CRS Ch.

1/900/02/724". The work was completed on

30.06.2022, evidenced by Exhibit P1 Completion

Certificate. This writ petition is filed seeking a

direction to the respondents to disburse the amounts

due to the petitioner for Exhibit P1 work.

2. On behalf of the 4th respondent, a

statement has been filed, the relevant portion of

which reads as follows:

"During the 2018 floods, both sides of the road suffered erosion. forming deep cutting edges. Local residents requested Irish concrete or interlocking concrete for these sections, prioritizing essential areas. Additionally, berm concrete was necessary to drain water flowing from elevated side roads onto the main road due to the level difference. A revised estimate was submitted for these unforeseen works, which were WP(C)No.25221 of 2024 2024:KER:83227

not included in the initial estimate and required supplementary approval for project completion. Payment to the contractor can only be made upon obtaining approval for the revised estimate from higher authorities. It has been learned that the proceedings are in the final stage. Upon approval, the contractor's payment will be processed immediately."

3. It is evident from the above statement that

the amount due to the petitioner will be paid on the

revised estimate being approved. Insofar as the

petitioner had completed the work on 30.06.2022,

the payment cannot be delayed further.

4. The writ petition is hence disposed of,

directing the competent among the respondents to

disburse the amount due to the petitioner towards

the work covered by Exhibit P1 within two months of

receipt of a copy of this judgment.

Sd/-

APPENDIX OF WP(C) 25221/2024