Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE V.G.ARUN THURSDAY, THE 6TH DAY OF OCTOBER 2022 / 14TH ASWINA, 1944 WP(C) NO. 21348 OF 2022 PETITIONER NAMSHAD A, AGED 34 YEARS S/O. AMU, CONTRACTOR, JANNATH HOUSE, STAR NAGAR, THEKKIL P.O., KASARAGOD DISTRICT, PIN - 671 541. BY ADVS. BABU JOSEPH KURUVATHAZHA K.S.ARCHANA MOHAMMED SHAFI.K RESPONDENTS
1 STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, DEPARTMENT OF PUBLIC WORKS, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001. 2 SUPERINTENDING ENGINEER, PUBLIC WORKS DEPARTMENT, ROADS NORTH CIRCLE, PWD COMPLEX, MANANCHIRA, KOZHIKODE, PIN - 673 001. 3 EXECUTIVE ENGINEER, PUBLIC WORKS DEPARTMENT, ROADS DIVISION, KALPETTA, WAYANAD DISTRICT, PIN - 673 121. 4 ASSISTANT EXECUTIVE ENGINEER, PUBLIC WORKS DEPARTMENT, ROADS SUB DIVISION, MANANTHAVADY, WAYANAD DISTRICT, PIN - 670 645. 5 ASSISTANT ENGINEER, PUBLIC WORKS DEPARTMENT, ROADS SECTION, MANANTHAVADY, WAYANAD DISTRICT, PIN - 670 645. 6 ASSISTANT ENGINEER, KERALA STATE ELECTRICITY BOARD, ELECTRICAL SECTION, MANANTHAVADY, WAYANAD DISTRICT, PIN -
670 645. 7 ASSISTANT ENGINEER, KERALA STATE ELECTRICITY BOARD, ELECTRICAL SECTION, PANAMARAM, WAYANAD DISTRICT, PIN - 670 721. GP P.S.APPU THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06.10.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.G.ARUN.J . -- --- - - --- --- --- - W.P. (C). 21348of2022 -- --- --- - - --- --- --- --- - t h Dat ed:6 Oct ober,2022
J UDGMENT 1.Pet iti onerwasawar ded t he wor k ofpr ovi ding BM & BC and i mpr ovement st he6th mi ot leKammana-Kar int hir ikkadavu- Manant havadyr oadi nWayanadDi str ictbet weent he0/ 00t o 4/ 00 km,undert he Scheme Fl ood Damage Wor k 2018- 19. For execut ing t he wor k, i t was essent ialt oremove t he el ect rici ty pol es and ot her st ruct ures of t he KSEB Lt d. Al though i twast esponsi bil it y ofr s1 t o5t o r emi tthe r equi sit e shi fti ng char ges, t he pet iti oner was di ed t o r emi tthe amount . Based on t equest , pet iti oner r emi tted an amount of Rs. 6,03, - and was i ssued a hand r ecei pt,evi denci ng payment .The pet iti oner 's gr ievancei sthat ,af teref ingpaymentont hedi ionof t he of fici als,onl y Rs. 2,50, 000/ -was r efunded t o hi m.Thi s Wr it pet iti on i s hence fil ed, seeki ng a di ion t o r s2 t o 5 t o r efund t ance amount of Rs. 3,53, -. 2.Lear ned counself ort he pet iti onersubmi tst hat ,si nce t he paymentwasef ed att equestofr s2 t o 5, t her eis no j ust ificat ion i n wi thhol ding t ance amount duet othepet iti oner . 3.Ihear dthel ear nedGover nmentPl eaderal so. 4.T aki ng i ntoaccountt hef actt hatt iti onerhad ef ed paymentasdi edbyr s2t o5,hei sent itl edf or r efund oft ance amountwi thoutdel ay. Pauci ty of f unds i s no j ust ificat ion f ordel ayi ng r efund oft he amount pai dbyt iti onerf orwhi chpaymentr s2t o5 ar eli abl e. TheWr itPet iti oni sdi sposedof ,di ingt her s t oref undt heamountofRs. 3,53, -tot iti onerwi thi n t womont hs. Sd/ - V. G.ARUN,J udge Mr cs/ 6.10. APPENDIX EXHIBITS Exhibit P1 TRUE COPY OF THE LETTER DATED 8.8.2019 ISSUED BY THE 2ND RESPONDENT. Exhibit P2 TRUE COPY OF THE PROFORMA ENTERED INTO
BETWEEN THE 2ND RESPONDENT AND PETITIONER, PERTAINING TO THE EXECUTION OF THE WORK COMPRISED IN THE AGREEMENT, FORWARDED BY THE 2ND RESPONDENT, DETAILING THE TIME FIXED TO COMPLETE THE WORK, HAVING THE COST OF RS.7 CRORES.
Exhibit P3 TRUE COPY OF THE SCHEDULE OF WORK ATTACHED WITH THE AGREEMENT. Exhibit P4 TRUE COPIES OF THE RECEIPT NOS.3262133 AND 3262134 DATED 19.1.2021 ISSUED BY THE 6TH RESPONDENT, ON RECEIPT OF RS.3,14,040/-. Exhibit P5 TRUE COPY OF THE RECEIPT NO.2729400 DATED 27.4.2021 ISSUED BY THE 7TH RESPONDENT, ON RECEIPT OF RS. 2,89,532/-. Exhibit P6 TRUE COPY OF THE REPRESENTATION DATED 8.7.2021 SUBMITTED BY THE PETITIONER Exhibit P7 TRUE COPY OF THE REPRESENTATION DATED 10.9.2021 SUBMITTED BY THE PETITIONER Exhibit P8 TRUE COPY OF THE REPRESENTATION DATED 27.12.2021 SUBMITTED BY THE PETITIONER