IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 33206 of 2009(U)
1. ABMILIDHARAN NAIR,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
2. EXECUTIVE ENGINEER,
3. THE SECRETARY,
For Petitioner :SRI.J.JULIAN XAVIER
For Respondent :SRI.S.P.ARAVINDAKSHAN PILLAY
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :12/01/2010
O R D E R
ANTONY DOMINIC, J.
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W.P.(C) NO.33206 OF 2009 (U)
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Dated this the 12th day of January, 2010
J U D G M E N T
Petitioner completed the work of Pallipadi Kuttumanpadi
Bridge, on the basis of Ext.P1 agreement. According to him, the
work was completed on 2.11.2007 and final bill for Rs.10,82,233/-
was submitted on 25.2.2008. Petitioner submits that the only
reason for delaying the payment is that the fund is available only
for the maintenance work and the work done is to be paid from
the plan fund. According to the petitioner, the 3rd respondent has
recommended payment from the maintenance fund but however,
the first respondent is not permitting disbursement.
2. Despite the matter having been taken up by the 3rd
respondent with the first respondent as early as on 20.8.2009,
vide Ext.P5, there appears to have been no progress in the
matter. If as stated by the petitioner, work has been executed to
the satisfaction of the awarder and final bill has been submitted,
he is entitled to be paid. If there is dispute about the amount
shown in the final bill, the admitted amount is to be paid. The
source from which such payment is to be made is to be found out
WPC.No. 33206/09
:2 :
by the awarded and any ambiguity in this behalf cannot leave the
petitioner in uncertainty.
Therefore, the writ petition is disposed of directing that the
third respondent shall ensure that the admitted amount due to
the petitioner is paid, as expeditiously as possible and at any rate
within 8 weeks from the date of receipt of a copy of the judgment.
In the meanwhile, if necessary, it will be open to the 3rd
respondent to obtain necessary orders from the 2nd respondent.
(ANTONY DOMINIC)
JUDGE
vi/