High Court Kerala High Court

M.Beeran vs The City Police Commissioner on 4 February, 2008

Kerala High Court
M.Beeran vs The City Police Commissioner on 4 February, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 34764 of 2007(L)


1. M.BEERAN,S/O.SAIDALI,
                      ...  Petitioner

                        Vs



1. THE CITY POLICE COMMISSIONER
                       ...       Respondent

2. SUB INSPECTOR OF POLICE

3. DIRECTOR GENERAL OF POLICE

                For Petitioner  :SRI.P.V.KUNHIKRISHNAN

                For Respondent  : No Appearance

The Hon'ble MR. Justice ANTONY DOMINIC

 Dated :04/02/2008

 O R D E R
                               ANTONY DOMINIC, J.


                 ------------------------------------


                             W.P.(C) 34764  of  2007


                 -------------------------------------


                             Dated: February 4, 2008



                                      JUDGMENT

The prayer sought for in this writ petition is to direct the

respondents to pay the amount covered by Ext.P1 bill. The

petitioner submits that at the instance of respondents 1 and 2, he

has completed certain works in connection with the installation of

computer. It is his contention that thereafter he submitted Ext.P1

bill claiming an amount of Rs.25132/- and that the same has not

been paid till date. It is in this background that the writ petition has

been filed.

2. On instructions the learned Government Pleader submits

that respondents 1 and 2 could have got executed work only to the

value of Rs.10,000/- without a tender process. It is stated that

Ext.P1 was forwarded for orders of the 3rd respondent and when this

defect was noticed, the 3rd respondent declined to pass the bill. It

is stated that when the bill was returned, the 1st respondent’s office

has forwarded the same for measurement and report to the PWD

WP(C) 34764/07

Page numbers

authorities. It is submitted that on receipt of measurement and

report from the PWD authorities, the matter will again be considered

by the 3rd respondent and appropriate orders will thereafter be

passed.

3. If, in terms of the procedure followed by the respondents,

works upto Rs.10,000/- only can be effected without a tender, the

direction of the respondents to get the work measured by the PWD

authorities cannot be faulted. Therefore, all that the petitioner can

now ask is for expediting the process at the hands of the PWD

authorities with whom the matter is now pending. Since the PWD

authorities are not made parties to this writ petition, I am not in a

position to issue a direction in this behalf to those authorities.

However, I direct that on receipt of the measurement and report

from the PWD authorities, the respondents herein shall take

expeditious action for payment of the bill amount to the petitioner.

With this direction the writ petition is disposed of.

ANTONY DOMINIC, JUDGE

mt/-