Suresh R.C vs The Superintendent Engineer on 29 May, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 7420 of 2008(G)


1. SURESH R.C,AGED 33 YEARS
                      ...  Petitioner

                        Vs



1. THE SUPERINTENDENT ENGINEER
                       ...       Respondent

2. THE ASSISTANT ENGINEER

3. EXECUTIVE ENGINEER

4. STATE OF KERALA

                For Petitioner  :SRI.T.K.VIPINDAS

                For Respondent  :GOVERNMENT PLEADER

The Hon'ble MR. Justice S.SIRI JAGAN

 Dated :29/05/2009

 O R D E R
                              S. SIRI JAGAN, J.
                  -------------------------------------------------
                        W.P.(C)No. 7420 OF 2008
                  -------------------------------------------------
                   Dated this the 29th day of May, 2009


                                  JUDGMENT

The petitioner is a PWD Electrical Contractor who has

undertaken certain works on behalf of the respondents detailed in

Ext.P1. He claims to have satisfactorily completed the works on

various dates in 2006 as detailed in paragraph 3 of the writ petition.

His grievance in this writ petition is that the balance bill amounts due

to the petitioner in respect of the works executed by him has not

been paid yet. The petitioner therefore seeks the following reliefs:

“i. Issue a writ in the nature of mandamus directing respondent 1
to 4 to take immediate measure to pass the bills submitted by the

petitioner in respect of the work contained in Ext.P1.

ii. Issue a writ in the nature of mandamus directing the 1st

respondent to initiate action against the erring officials who had

been instrumental in delay in clearing of the bills in spite of clear

record.”

2. The only objection raised by the learned Government

Pleader against the claim of the petitioner is that the petitioner has

WPC :7420/08
-:2:-

not signed the measurement book. According to the petitioner, he

has not signed the measurement book since the measurement was

taken only in 2008 although the work was completed in 2006 and if

he signs that measurement book, there is every possibility of the

respondents taking the stand that the work was completed only in

2008. However, he frankly admits that he has no objection in the

measurements recorded in the measurement book.

3. I am of opinion that it cannot be said that the apprehension

of the petitioner is totally unfounded. In so far as in paragraph No.3

the petitioner has specifically stated that the completion reports

relating to the works were submitted in 2006 itself and in the counter

affidavit filed by respondents 1 and 3 there is no denial of the said

averment, I do not think that the respondents can now take a

contention that the work was not completed in 2006. In the above

circumstances, the writ petition is disposed of with the following

directions:

The petitioner shall present himself before the 3rd respondent,

who shall get the measurement book signed by the petitioner.

Simply because the petitioner has signed the measurement book, no

WPC :7420/08
-:3:-

inference would be drawn that he has completed the work only on the

date of taking the measurement. On the petitioner signing the

measurement book, bill amounts due to him shall be disbursed within

two months therefrom.

S. SIRI JAGAN, JUDGE
ttb