Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN THURSDAY, THE 1ST DAY OF JUNE 2023 / 11TH JYAISHTA, 1945 WP(C) NO. 16323 OF 2023 PETITIONER: PRADEEP P AGED 55 YEARS S/O. PUSHKARAN, PUNARTHAM, KOOTTIKADA P.O., KOLLAM, PIN - 691020 BY ADVS. V.JAYAPRADEEP O.A.NURIYA D.S.LOKANATHAN ALAN PRIYADARSHI DEV ARSHIJA T.P. LILIN LAL RESPONDENTS:
1 THE STATE OF KERALA REPRESENTED BY ITS SECRETARY, PUBLIC WORKS DEPARTMENT (BUILDINGS), SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 2 EXECUTIVE ENGINEER PUBLIC WORKS BUILDINGS DIVISION, BEACH ROAD, KOLLAM, PIN - 691001 3 ASSISTANT EXECUTIVE ENGINEER PUBLIC WORKS BUILDINGS SUB DIVISION, KOLLAM, PIN - 691001 4 ASSISTANT ENGINEER PUBLIC WORKS SPECIAL BUILDINGS SECTION NO.1, KOLLAM-, PIN - 691001 5 SUPERINTENDING ENGINEER P. W. D. BUILDINGS, SOUTH CIRCLE, MUSEUM PO, THIRUVANANTHAPURAM, PIN - 695033 ADV.K.V.MANOJ KUMAR,SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.06.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
P.V.KUNHIKRISHNAN, J.
-------------------------------- W.P.(C).No.16323 of 2023 ---------------------------------------------- Dated this the 01st day of June, 2023
JUDGMENT
This writ petition is filed with following prayers: i. Declare that, the Respondents 2 to 4 are duty bound to obey Exhibit P4 and take immediate and effective steps to pay off the amount due to the Petitioner within a time frame fixed by this hon'ble Court. ii. Issue a Writ of Mandamus or any other Writ or
Order or Direction, directing the Respondents 2
to 4 to comply with Exhibit P4 and to take adequate and effective steps to make the Final Bill pertains to all the work envisaged in Exhibit P4 and pay the amount to the Petitioner, with interest @ 12% per annum, within a time limit fixed by this Hon'ble Court; iii. Dispense with the filing of the translation of the vernacular documents. iv. To pass appropriate Writ, Order or Direction which this Hon'ble Court finds necessary for the ends of justice with costs to the Petitioner. (SIC)
2. The main prayer in this writ petition is to take immediate steps to comply the directions in Ext.P4. As per Ext.P4, the respondents have to take necessary steps to measure the work done by the petitioner .
3. The Government Pleader, after getting instructions,
submitted that the needful will be done within one month. In the light of the same, there can be a direction to respondents 2 to 4 to do the needful as per Ext.P4, within one month. Therefore, this writ petition is disposed of in the following manner:
1. Respondents 2 to 4 are directed to do the needful as directed in Ext.P4, as expeditiously as possible, at any rate, within one month from the date of receipt of a stamped certified copy of this
judgment.
2. Respondents 2 to 4 are also directed to disburse the eligible amount to the petitioner, within one month from the date of completion of the measurement.
3. The petitioner will produce a stamped certified
copy of this judgment along with a copy of this writ petition before respondents 2 to 4 for compliance. sd/- P.V.KUNHIKRISHNAN JV JUDGE APPENDIX OF WP(C) 16323/2023 PETITIONER EXHIBITS Exhibit.P1 THE COPY OF THE LETTER OF COMPLETION AND HANDING OVER OF THE BUILDING DATED 25.9.2018 TO THE 4TH RESPONDENT Exhibit.P2 THE COPY OF THE AGREEMENT OF THE CONTRACT DATED 03.11.2016 Exhibit.P3 THE COPY OF THE JUDGMENT DATED 17.02.2022 IN WP(C) 2924/2022 Exhibit.P4 TRUE COPY OF THE LETTER DATED 17.02.2023 ISSUED BY THE 5TH RESPONDENT