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Anilkumar P. vs the State of Kerala

Anilkumar P. vs The State of Kerala

Type Court Judgment Court Kerala Decided Jan 31, 2020
~2 min read
https://sooperkanoon.com/case/1837394

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Citation
Court
Kerala High Court
Judge
Decided On
Case Number
WP(C)/30671/2019

Parties & Advocates

Appellant / Petitioner

Anilkumar P.

Respondent

The State of Kerala

Excerpt

.....(civil) having come up for admission on31.01.2020, the court on the same day delivered the following: wp(c).no.30671 of 2019 2judgmentthis writ petition is filed seeking directions to the respondents to pay the amounts due for work completed by the petitioner.2. it is submitted that a bill has been raised for an amount of rs.2,86,100/- (rupees two lakhs eighty six thousand and one hundred only) in the year 2016 itself, but the amounts are not been paid.3. the learned government pleader, on instructions, submitsthat the delay in disbursing the amounts is due to the fact that administrative sanction for the work had not been accorded and the legal formalities have to be completed before the bill can be disbursed.4. in the above view of the matter, there will be a direction to therespondents to take up, consider and pass appropriate orders on ext.p4 representation preferred by the petitioner. after completion of all procedural formalities, the amounts due to the petitioner shall be calculated and disbursed to the petitioner within a period of three months from the date of receipt of a copy of this judgment.this writ petition is ordered accordingly. sd/- anu sivaraman judge np wp(c).no.30671 of 2019 3appendix petitioner's/s exhibits: exhibit p1 true copy of the letter no.do/142/16/pwd dated 05.04.2016 issued by the 6th respondent to the 3rd respondent. exhibit p2 true copy of the detailed estimate for petitioner's work. exhibit p3 true copy of the relevant pages of the measurement book (m.book). exhibit p4 true copy of the representation dated 10.09.2019 submitted by the petitioner to the respondents. respondent's/s exhibits: nil

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN FRIDAY, THE 31ST DAY OF JANUARY 2020 / 11TH MAGHA, 1941 WP(C).No.30671 OF 2019(H) PETITIONER: ANILKUMAR P. AGED 49 YEARS PWD CONRACTOR, CHAKKAM PAKKAM, PUTHAMANA LANE, KUDAVOOR, ANAYARA, THIRUVANANTHAPURAM. BY ADV. SRI.AJITH KRISHNAN RESPONDENTS:

1 THE STATE OF KERALA REPRESENTED BY PRINCIPAL SECRETARY, PUBLIC WORKS DEPARTMENT, GOVERNMENT SECRETARIAT, 2 THE CHIEF ENGINEER, PUBLIC WORKS DEPARTMENT BUILDINGS, PUBLIC OFFICE, THIRUVANANTHAPURAM-695 033. 3 THE EXECUTIVE ENGINEER, PUBLIC WORKS DEPARTMENT, BUILDINGS DIVISION, P.M.G. JUNCTION, THIRUVANANTHAPURAM-695 033. 4 THE ADDITIONAL CHIEF SECRETARY, FINANCE DEPARTMENT, GOVERNMENT SECRETARIAT, 5 THE CHIEF SECRETARY, GOVERNMENT OF KERALA, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001. 6 THE STATE POLICE CHIEF, KERALA, POLICE HEAD QUARTERS, VAZHUTHACAUD, THIRUVANANTHAPURAM-695 014. SMT.PRINCY XAVIER, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON

31.01.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No.30671 OF 2019 2

JUDGMENT

This writ petition is filed seeking directions to the respondents to pay the amounts due for work completed by the petitioner.

2. It is submitted that a bill has been raised for an amount of Rs.2,86,100/- (Rupees Two Lakhs Eighty Six Thousand and One Hundred only) in the year 2016 itself, but the amounts are not been paid.

3. The learned Government Pleader, on instructions, submits

that the delay in disbursing the amounts is due to the fact that administrative sanction for the work had not been accorded and the legal formalities have to be completed before the bill can be disbursed.

4. In the above view of the matter, there will be a direction to the

respondents to take up, consider and pass appropriate orders on Ext.P4 representation preferred by the petitioner. After completion of all procedural formalities, the amounts due to the petitioner shall be calculated and disbursed to the petitioner within a period of three months from the date of receipt of a copy of this judgment.

This writ petition is ordered accordingly. Sd/- ANU SIVARAMAN JUDGE np WP(C).No.30671 OF 2019 3

APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1 TRUE COPY OF THE LETTER NO.DO/142/16/PWD DATED 05.04.2016 ISSUED BY THE 6TH RESPONDENT TO THE 3RD RESPONDENT. EXHIBIT P2 TRUE COPY OF THE DETAILED ESTIMATE FOR PETITIONER'S WORK. EXHIBIT P3 TRUE COPY OF THE RELEVANT PAGES OF THE MEASUREMENT BOOK (M.BOOK). EXHIBIT P4 TRUE COPY OF THE REPRESENTATION DATED 10.09.2019 SUBMITTED BY THE PETITIONER TO THE RESPONDENTS. RESPONDENT'S/S EXHIBITS: NIL

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