Citation : 2024 Latest Caselaw 32706 Ker
Judgement Date : 12 November, 2024
2024:KER:84342
WP(C) NO. 39911 OF 2024
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
TUESDAY, THE 12TH DAY OF NOVEMBER 2024 / 21ST KARTHIKA, 1946
WP(C) NO. 39911 OF 2024
PETITIONER/S:
SADHIC P.C.
AGED 64 YEARS
S/O. ABOOBACKER, PWD CONTRACTOR,
'AMINAS', PERALASSERY,
MUNDALOOR P.O.,
KANNUR DISTRICT,
PIN - 670622
BY ADV C.M.MOHAMMED IQUABAL
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
PUBLIC WORKS DEPARTMENT,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM,
PIN - 695001
2 THE EXECUTIVE ENGINEER
KARAPPUZHA IRRIGATION PROJECT,
SUBDIVISION NO. 2, VAZHAVATTA P.O.,
WAYANAD DISTRICT,
PIN - 673122
3 THE ASSISTANT EXECUTIVE ENGINEER
KARAPPUZHA IRRIGATION PROJECT,
SUBDIVISION NO. 2, VAZHAVATTA P.O.,
WAYANAD DISTRICT,
PIN - 673122
2024:KER:84342
WP(C) NO. 39911 OF 2024
2
4 THE ASSISTANT ENGINEER
KARAPPUZHA IRRIGATION PROJECT,
SUBDIVISION NO. 2, VAZHAVATTA P.O.,
WAYANAD DISTRICT,
PIN - 673122
BY SMT. DEEPA NARAYANAN, SR. GP.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
12.11.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2024:KER:84342
WP(C) NO. 39911 OF 2024
3
JUDGMENT
The petitioner was awarded the work "urgent repair of No.II
Subdivision Colony Quarters at Vazhavatta Phase II". Even though
only part payment was not effected as per the agreement, petitioner
completed the work on 20.01.2024. The petitioner's grievance is
that despite completing the work, the balance amount due to him
is not being paid. The petitioner therefore submitted Ext.P10
representation, which also did not evoke any response. Hence, this
Writ Petition.
2. Heard, learned counsel for the petitioner and the
learned Government Pleader.
3. The petitioner having submitted Ext.P10 representation
highlighting his grievance and requesting for expeditious payment,
the 3rd respondent is bound to consider the same.
The Writ petition is accordingly disposed of directing the
3rd respondent to consider Ext.P10 and take a reasoned decision
thereon, within one month of receipt of a copy of this judgment.
Sd/-
V.G.ARUN JUDGE SPV 2024:KER:84342 WP(C) NO. 39911 OF 2024
APPENDIX OF WP(C) 39911/2024
PETITIONER'S EXHIBITS EXHIBIT P1 THE TRUE COPY OF THE SELECTION NOTICE ISSUED BY THE 3RD RESPONDENT DATED 01.09.2021
EXHIBIT P2 THE TRUE COPY OF THE COMMUNICATION ISSUED BY THE 3RD RESPONDENT DATED 26.04.2023
EXHIBIT P3 THE TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT DATED 05.05.2023
EXHIBIT P4 THE TRUE COPY OF THE TAX INVOICE ISSUED BY THE SIDCO DATED 11.05.2023
EXHIBIT P5 THE TRUE COPY OF THE CERTIFICATE ISSUED BY THE INDIANA HOSPITAL AND HEART INSTITUTE DATED 14.08.2023
EXHIBIT P6 THE TRUE COPY OF THE ORDER OF THE 3RD RESPONDENT DATED 02.05.2023
EXHIBIT P7 THE TRUE COPY OF THE SUPPLEMENTAL AGREEMENT ISSUED BY THE 3RD RESPONDENT DATED 02.05.2023
EXHIBIT P8 THE TRUE COPY OF THE ORDER OF THE 3RD RESPONDENT DATED 27.10.2023
EXHIBIT P9 THE TRUE COPY OF THE SUPPLEMENTAL AGREEMENT EXECUTED BETWEEN THE PETITIONER AND THE 3RD RESPONDENT DATED 27.10.2023
EXHIBIT P10 THE TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT DATED 26.10.2024
RESPONDENTS' EXHIBITS: NIL
//TRUE COPY//
PA TO JUDGE
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