High Court Kerala High Court

A.K. John vs The Deputy Chief Engineer on 13 March, 2008

Kerala High Court
A.K. John vs The Deputy Chief Engineer on 13 March, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 4887 of 2008(F)


1. A.K. JOHN, S/O.KURIAN
                      ...  Petitioner

                        Vs



1. THE DEPUTY CHIEF ENGINEER
                       ...       Respondent

2. THE KERALA STATE ELECTRICITY BOARD

                For Petitioner  :SMT.CELINE JOSEPH

                For Respondent  : No Appearance

The Hon'ble MR. Justice ANTONY DOMINIC

 Dated :13/03/2008

 O R D E R
                         ANTONY DOMINIC, J.

                   =W.P.(C)=No.=4887 = = = = = =
                     = =    =    = =
                                       OF 2008 - F
                   = = = = = = = = = = = = = =

               Dated this the 13th day of March, 2008


                           J U D G M E N T

The petitioner had executed the work of extension of

agricultural line to Kallangari area in Thariyode and Kottathara

Panchayat and has not been paid for the work done. The reason for

non-payment as is disclosed by the Standing Counsel for the Board

is that the records relating to the measurement of the work

executed by the petitioner are not available with the Board. In my

view, if records are not available, the Board could have re-measured

the work and quantified the amount done and effected payment on

that basis. Therefore, non-availability of the records cannot be a

reason for denying payment to the petitioner.

2. Accordingly, I dispose of this writ petition directing that the

respondents shall re-measure the quantum of work which the

petitioner’s has executed, quantify the amount that is due on that

basis and effect payment. For this purpose if any document is

W.P.(C) No. 4887 OF 2008

– 2 –

required to be made available by the petitioner, the respondents will

be free to call upon the petitioner to provide the same.

The entire process of measuring, quantifying and payment

should be completed by the Board as expeditiously as possible, at

any rate within 4 months from today.

ANTONY DOMINIC
JUDGE
jan/-