IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 23168 of 2008(G)
1. K.K.SIVAN, SARANYA NIVAS,VADACKAL PO.,
... Petitioner
Vs
1. STATE OF KERALA,REP. BY THE SECRETARY
... Respondent
2. SECRETARY TO GOVERNMENT, WATER RESOURCES
3. CHIEF ENGINEER, MECHANICAL WING
4. EXECUTIVE ENGINEER, MECHANICAL DIVISION
For Petitioner :SRI.S.P.ARAVINDAKSHAN PILLAY
For Respondent :GOVERNMENT PLEADER
The Hon'ble MR. Justice V.GIRI
Dated :04/11/2008
O R D E R
V. GIRI, J.
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W.P.(C) No. 23168 OF 2008
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Dated this the 4th day of November, 2008
JUDGMENT
Petitioner is aggrieved by delay in effecting payment for the
repair work done by the petitioner in the Thottappally Spillway. In the
counter affidavit filed respondents 2,3 and 4, it is alleged as follows:
“5. The Water Resources Department on receipt of
Ext.P11 and considering the view of the Finance
Department has now decided to accept the
recommendation of the Vigilance Department and to
obtain a reassessed estimate.
6. The Water Resources Department has taken
action pursuant to Ext.P11 and now issued GO(Rt)
No.1079/08/WRD dated 28.10.08 in compliance with
Ext.P10 judgment. It is humbly submitted that there was
no willful laches on the part of the 2nd respondent in taking
a decision as directed in the judgment. The above delay
was caused only due to the administrative reasons such
as obtaining the remarks from the Finance Department.
Government is taking immediate action to obtain a
reassessed estimate based on the above Government
Order. It is submitted that the Government requires
further six months time to quantify the amount to be paid
based on the reassessed estimate.”
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2. I heard the learned counsel for the petitioner and the
learned Government Pleader. In view of the stand taken in the
counter affidavit, it is only appropriate that the Government shall take
further action to obtain a reassessed estimate as mentioned in
paragraph 6 of the counter affidavit, to quantify the amounts due to
the petitioner and pay the same without further delay. Accordingly,
respondents are directed to obtain a reassessed estimate, quantify
the amount due to the petitioner and pay the same as early as
possible, at any rate, on or before 30.04.2009.
3. The Writ Petition is disposed of as above.
(V. GIRI, JUDGE)
ttb
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