IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 24420 of 2008(F)
1. G.SASIDHARAKURUP, PUBLIC WORKS
... Petitioner
Vs
1. THE EXECUTIVE ENGINEER, MINOR IRRIGATION
... Respondent
2. SECRETARY TO GOVERNMENT, REVENUE (P)
3. THE DISTRICT COLLECTOR,CIVIL STATION,
For Petitioner :SRI.S.A.RAZZAK
For Respondent :GOVERNMENT PLEADER
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :16/01/2009
O R D E R
ANTONY DOMINIC, J.
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W.P.(C) No. 24420 of 2008
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Dated this the 16th day of January, 2009
JUDGMENT
Petitioner is a contractor. He was awarded three different
Government Contracts by the first respondent and Exhibits P2, P3 and
P4 are the contracts. The work has been executed by the petitioner and
the petitioner is relying on Exhibits P5, P6 and P7 completion
certificates. However, payment was not released. Reasons stated in the
counter affidavit filed by the 3rd respondent is that the District
Collector omitted to countersign the agreement of the works executed
between the petitioner and the first respondent.
A reading of counter affidavit shows that the petitioner has
admittedly executed the work and amount claimed is actually due. It is
also stated that if this court issues an order for payment, payment will
be released.
Taking into account the fact that admittedly the work has been
completed and the amount is due, it is ordered that the amount due to
the petitioner for the execution of the work in terms of contract, shall
W.P.(C) No. 24420 /2008
2
be paid to the petitioner ignoring the fact that Collector has not
countersign the agreement for payment ought to be released by the first
respondent, as expeditiously as possible, at any rate within four weeks
of production of copy of this judgment.
Petitioner shall produce a copy of this judgment before the first
respondent for compliance.
ANTONY DOMINIC, JUDGE
scm