IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 18959 of 2008(F)
1. ABDUL SATHAR.A.M, S/O.MAMMUNHI HAJEE,
... Petitioner
Vs
1. THE ASSISTANT EXECUTIVE ENGINEER,
... Respondent
For Petitioner :SRI.K.V.SOHAN
For Respondent :GOVERNMENT PLEADER
The Hon'ble MR. Justice V.GIRI
Dated :30/09/2008
O R D E R
V.GIRI, J.
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W.P.(C).No.18959 of 2008
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Dated this the 30th day of September, 2008.
JUDGMENT
The petitioner was awarded the contract
work of formation of Deep Earthen drain leading
channel from KM.18/00 to 21/00 of Cherjalsoor
road.
2. It seems that the original assessment
was revised on account of a deviation brought
about by reason of interference by the local
merchants. The petitioner submits that, after
the completion of the work, check measurement
was conducted and the amount was sanctioned.
Nevertheless, payment has not been effected.
Hence this writ petition.
3. In the counter affidavit filed by the
Assistant Executive Engineer, Public Works
Department, Road Sub Division, Kasaragod, it is
admitted that the work was completed by the
petitioner finally on 12.7.2007. But, there was
delay in completion of the same. It is further
stated that certain other defects were pointed
out by the Assistant Executive Engineer vide his
letter dated 21.7.2007 Ext.R(d) and such defects
have not been cured by the petitioner.
W.P.(C).NO.18959/08
:: 2 ::
Having heard learned counsel for the
petitioner and the learned Government Pleader,
the writ petition is disposed of directing the
respondent to finalise the check measurements of
the work done by the petitioner. In the
meanwhile, if there are defects in the work done
by the petitioner, the petitioner shall rectify
the same. This shall be done within a period of
two weeks from the date of receipt of a copy of
this judgment. Thereupon, the bill submitted by
the petitioner, shall, subject to satisfactory
completion of the work, as determined by the
respondent, be paid without any delay, but in
accordance with the list of priority maintained
in the office of the Assistant Executive
Engineer. The whole process shall be completed
within two months from the date of receipt of a
copy of this judgment.
Sd/-
(V.GIRI)
JUDGE
sk/
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