Judgment:
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 18TH DAY OF JULY 2013 27TH ASHADHA, 1935 WP(C).No. 36476 of 2010 (H) ---------------------------- PETITIONER : -------------------- C.A.THOMAS, GOVERNMENT CONTRACTOR, CHARALIL HOUSE, THODUPUZHA P.O., IDUKKI. BY ADVS.SRI.MURALI PURUSHOTHAMAN SRI.DEEPU LAL MOHAN RESPONDENT(S) : ---------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT GENERAL EDUCATION (SPORTS AND YOUTH AFFAIRS) DEPARTMENT GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM-695001.
2. THE SUPERINTENDING ENGINEER, PUBLIC WORKS DEPARTMENT, BUILDINGS AND LOCAL WORKS CENTRAL CIRCLE, THRISSUR - 680020.
3. THE EXECUTIVE ENGINEER, PUBLIC WORKS DEPARTMENT,BUILDINGS DIVISION, PAINAVU IDUKKI - 685603.
4. THE ASSISTANT EXECUTIVE ENGINEER, PUBLIC WORKS DEPARTMENT,BUILDINGS SUB DIVISION THODUPUZHA - 685584. *ADDL. R5 IMPLEADED *5. THE DISTRICT COLLECTOR OFFICE OF THE DISTRICT COLLECTOR, IDUKKI. *ADDL. R5 IS IMPLEADED AS PER ORDER DATED 14 12/2012 IN IA 16764/2012. R1 TO R5 BY SR. GOVT. PLEADER SMT. M.J.
RAJASREE THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18-07-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...2/- WP(C).No. 36476 of 2010 (H) APPENDIX PETITIONER'S EXHIBITS : EXT.P1 : PHOTOCOPY OF THE AGREEMENT NO. 1917/08-09/S. B&L.WCC.TSR DATED 15 01-2009 ENTERED INTO BY THE PETITIONER WITH THE 2ND RESPONDENT. EXT.P2 PHOTOCOPY OF THE COMPLETION CERTIFICATE ISSUED IN RESPECT OF THE SUBJECT WORK. EXT.P3 PHOTOCOPY OF THE REPRESENTATION DATED 8 12-2009 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. RESPONDENT'S EXHIBITS : NIL //TRUE COPY// P.S. TO JUDGE Mn P.R. RAMACHANDRA MENON, J.
.............................................................................. W.P.(C)No. 36476 OF 201.......................................................................... Dated this the 18th July, 2013 JUDGMENT
The petitioner, a registered Contractor, was awarded a works contract- 'General Education(Sports & Youth Affairs) Department -Construction of Edavettichira Water Stadium at Thodupuzha Phase I', by the second respondent. Ext. P1 agreement came to be executed between the petitioner and the second respondent on 15.01.2009 and the work was commenced there after. It is the case of the petitioner that , the work was completed satisfactorily, much before the date stipulated for completion, but the amount due to the petitioner under Ext. P1 agreement was not fully disbursed, despite lapse of more than four years. The learned Counsel for the petitioner submits that there is no dispute with regard to completion or quality of the work performed by the petitioner.
2. The second respondent has filed a counter affidavit pointing out that the balance amount to be paid to the petitioner is Rs. 20,03,527/-. It is also asserted in the said counter affidavit that the competent authority to effect disbursement is W.P.(C)No. 36476 OF 201.2 the District Collector, Idukki and that the second respondent has already intimated the position to the said authority, to effect immediate payment.
3. Met with the situation, the petitioner sought to implead the District Collector, Idukki as additional respondent in the party array, by filing I.A.No.16764 of 2012, which was allowed as per order dated 14.12.2012. Except for the second respondent, no counter affidavit has been filed by any other respondents.
4. The learned Government Pleader appearing for the respondents submits that a Committee, consisting of 15 persons from different sectors, has been constituted to look into the matter and that raising of funds is also a subject matter to be considered by the said Committee. It is stated that the proceedings will be finalised and disbursement will be effected within the shortest possible time.
5. It is to be noted that, this Court had to pass various orders on different dates, after admitting the matter on 07.12.2010. On 31.10.2012, it was ordered in the following lines: "Learned Government Pleader will get W.P.(C)No. 36476 OF 201.3 instructions whether the amount can be disbursed within a reasonable time. Post after three weeks. " The order dated 07.01.2013 reads as follows: "The learned Govt. Pleader submits that in view of the subsequent developments some alternate arrangements are being made to effect the payment to the petitioner. Post after two weeks ". The next order was on 06.03.2013, which is extracted below: "Learned Govt. Pleader submits that the concerned District Collector is taking appropriate arrangements to see that the amount payable to the petitioner is disbursed forthwith. Post after a week." The last of the series was the order dated 02.07.2013: "The additional 5th respondent is directed to file an affidavit as to why payment has not been effected to the petitioner so far, in respect of the work completed as early as in the year 2009. Post after two weeks." 6. After hearing both the sides and after going through the pleadings and proceedings, this Court finds that the liability to satisfy the due amount to the petitioner stands conceded. There W.P.(C)No. 36476 OF 201.4 is no dispute with regard to the quantum as well. The work, admittedly, was completed on 15.06.2009. There is no point in protracting the matter any further.
7. In the above circumstances, there will be a direction to the respondents to take necessary steps to make available adequate funds from appropriate sources and to satisfy the liability to the petitioner, which shall be done at the earliest, at any rate, within 'one month' from the date of receipt of a copy of the judgment. The stand of the respondents that there is no provision for granting 'interest' to the petitioner for absence of any clause in the agreement or work order, will not come to the rescue of the respondents, if payment is not effected as above. In case of default, the respondents are liable to satisfy the amount with interest at the rate of 7% per annum for the whole period for which, it was due. The writ petition is disposed of. P.R.RAMACHANDRA MENON JUDGE lk