Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE THURSDAY, THE24H DAY OF OCTOBER20132ND KARTHIKA, 1935 WP(C).No. 36434 of 2009 (Y) ---------------------------- PETITIONER: ----------- JOHN MATHEW, S/O.MATHEW, MUKALUVILATHAZE PUTHEN VEEDU, KIZHAKKE THERUVU P.O. KOTTARAKKARA, KOLLAM DISTRICT. BY ADV. SRI.ANCHAL C.VIJAYAN RESPONDENTS: ----------- 1. STATE OF KERALA, REP. BY SECRETARY TO GOVERNMENT PUBLIC WORKS DEPARTMENT, GOVERNMENT SECRETARIAT THIRUVANANTHAPURAM.
2. THE EXECUTIVE ENGINEER, NATIONAL HIGHWAY DIVISION, KOLLAM.
3. THE ASSISTANT EXECUTIVE ENGINEER, NATIONAL HIGHWAY SUB DIVISION, PUNALUR.
4. THE ASSISTANT ENGINEER, NATIONAL HIGHWAYS SECTION, KOTTARAKKARA KOLLAM DISTRICT.
5. THE DEPUTY SUPERINTENDENT OF POLICE, VIGILANCE AND ANTI CORRUPTION BUREAU, KOLLAM-13. GOVERNMENT PLEADER SMT.M.J.RAJASREE THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON2410-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX TO W.P.C.NO.36434 OF 2009 PETITIONER'S EXHIBITS: EXT.P1: TRUE COPY OF THE SELECTION NOTICE VIDE NO.A1-940/05 DATED0308/2005 ISSUED BY THE2D RESPONDENT TO THE PETITIONER. EXT.P2: TRUE COPY OF THE ACCEPTED SCHEDULE WITH ACCEPTED PAC OF RS.4,11,469/- ISSUED BY THE2D RESPONDENT. EXT.P3: TRUE COPY OF THE COMMUNICATION NO.A1/940/05 DATED198/2005 ISSUED BY THE2D RESPONDENT. EXT.P4: TRUE COPY OF THE LETTER NO.E2-547/2005 DATED113/2008 ISSUED BY THE2D RESPONDENT TO THE5H RESPONDENT. EXT.P5: TRUE COPY OF THE LETTER NO.G3-17898/2013 DATED2106/2013 ISSUED BY THE STATE PUBLIC INFORMATION OFFICER, VIGILANCE AND ANTI CORRUPTION BUREAU, THIRUVANANTHAPURAM. EXT.P6: TRUE COPY OF THE JUDGMENT
IN W.P.C.NO.36492/07 DATED0509/2012. EXT.P7: TRUE COPY OF THE LETTER NO.NH2D3-1517/09 DATED1510.2012 ISSUED BY THE CHIEF ENGINEER, NATIONAL HIGH WAYS, P.W.D. THIRUVANANTHAPURAM TO THE1T RESPONDENT. RESPONDENTS' EXHIBITS: NIL //TRUE COPY// PA TO JUDGE A.M.SHAFFIQUE, J * * * * * * * * * * * * * W.P.C.No.36434 of 2009 ---------------------------------------- Dated this the 24th day of October 2013
JUDGMENT
The petitioner seeks for a direction to respondents 1 to 4 to disburse the amounts due to the petitioner for the works executed by him as per Exts.P1 to P3 and also seeks for refund of the security deposit in connection with the work which is the subject matter of the above writ petition. It is the contention of the petitioner that the amounts were not disbursed as the files in this connection including the measurement books were seized by the Vigilance department. As matters stand now, Vigilance enquiry is already over and similarly placed Contractors were already paid the amounts legally due to them as per judgment at Ext.P6.
2. The learned Government Pleader, on instructions, would submit that in so far as the Vigilance enquiry is already completed and the books are made available, it will W.P.C.No.36434/2009 2 be possible for the 2nd respondent to verify the bills submitted by the petitioner and to disburse the amount.
3. Having regard to the aforesaid factual situation, I am of the view that the writ petition can be disposed of as follows: The 2nd respondent shall consider the bills submitted by the petitioner and if any of the records are not available, the same shall be procured from the 5th respondent, the bills shall be finalised and the payments effected within a period of three months from the date of receipt of a copy of this judgment. (sd/-) (A.M.SHAFFIQUE, JUDGE) jsr