Kerala High Court
V.J.Alexander vs Executive Engineer
Author: S. Siri Jagan
Bench: S.Siri Jagan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE S.SIRI JAGAN
FRIDAY, THE 16TH DAY OF MARCH 2012/26TH PHALGUNA 1933
WP(C).No. 31872 of 2007 (T)
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PETITIONER(S):
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V.J.ALEXANDER, S/O.JOSEPH,
AGED 45 YEARS, CONTRACTOR, VETTIKKATTIL HOUSE,
PADIMARUTHU P.O., KODOTH VILLAGE, HOSDURG TALUK,
KASARGOD DISTRICT.
BY ADVS.SRI.K.V.PAVITHRAN
SRI.JAYANANDAN MADAYI PUTHIYAVEETTIL
RESPONDENT(S):
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1. EXECUTIVE ENGINEER,
P.W.D. ROADS DIVISION, KOZHIKODE.
2. DISTRICT COLLECTOR, KOZHIKODE.
3. STATE OF KERALA, REPRESENTED BY
SECRETARY, REVENUE DEPARTMENT,
THIRUVANANTHAPURAM.
R1 TO R3 BY GOVERNMENT PLEADER SRI.JOSEPH GEORGE
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 16-03-2012, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
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WP(C)NO.31872/2007
APPENDIX
PETITIONER'S EXHIBITS:
P1 COPY OF THE SELECTION NOTICE DATED 13/02/2006 ISSUED BY 1ST
RESPONDENT ACCEPTING THE TENDERS SUBMITTED BY THE PETITIONER.
P2 COPY OF THE ORDER DATED 21/10/2005 OF 2ND RESPONDENT ACCORDING
ADMINISTRATIVE SANCTION TO 1ST RESPONDENT TO CARRYOUT THE WORK.
P3 COPY OF THE WORKSLIP APPROVED BY 1ST RESPONDENT SANCTIFYING THE
VARIATIONS IN QUANTITIES.
P4 COPY OF THE RELEVANT PAGE OF MEASUREMENT BOOK SHOWING THE VALUE
OF WORK DONE AND CERTIFYING THE SATISFACTORY COMPLETION OF THE
WORK.
P5 COPY OF THE LETTER DATED 11/4/2007 OF 1ST RESPONDENT TO 2ND
RESPONDENT REQUESTING TO RELEASE THE FUNDS.
P6 COPY OF THE ORDER DATED 3/8/2007 OF 2ND RESPONDENT RELEASING FUND
TO 1ST RESPONDENT TO THE LESSER EXTENT.
P7 COPY OF THE LETTER DATED 7/9/2007 SENT BY THE PETITIONER TO 1ST
RESPONDENT REQUESTING TO PAY THE BALANCE AMOUNT.
P8 COPY OF THE REPLY DATED 24/9/2007 SENT BY 1ST RESPONDENT TO THE
PETITIONER.
RESPONDENT'S EXHIBITS: NIL
/TRUE COPY/
P.A.TO.JUDGE
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S. SIRI JAGAN, J.
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W.P.(C)No.31872 of 2007
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Dated this the 16th day of March, 2012
J U D G M E N T
Administrative sanction was given by the Government for Rs.4 lakhs for the work of improvement to Chavalerimukku - Purakkalithazha Road in Purameri Grama Panchayath. The work was awarded to the petitioner at the estimate rate. Subsequently the 1st respondent raised a bill for Rs.3,96,853/-. That bill included some extra work done by the petitioner in addition to the original work, for which he was contracted. The bill was placed before the District Collector for approval. By Ext.P6, the District Collector deducted the amounts for two items of extra work for Rs.1,15,351/- and only the balance amount was sanctioned. It is challenging the above action of the District Collector that the petitioner has filed this writ petition seeking the following reliefs:
"(i) issue a writ of mandamus directing the 2nd respondent to release withheld as per Exhibit P6 so to enable the petitioner to receive the amount."
2. The petitioner's contention is that the petitioner has done the additional work, which was within the total W.P.(C)No.31872 of 2007 -2- amount of administrative sanction for the work, at the request of the engineers concerned and the amount has been wrongly deducted from the petitioner's bill on the ground that there was no prior administrative sanction for the additional work. According to the petitioner, the petitioner is not responsible for the same. When the petitioner was asked to undertake the extra work by the engineers who were supervising the work he executed the work as requested by them believing that administrative sanction was obtained for the additional work also. Getting administrative sanction for the work is the responsibility of the engineers and, for that, the petitioner cannot be penalized is the petitioner's contention.
3. A counter affidavit has been filed by the 2nd respondent supporting the deduction.
4. I have considered the rival contentions in detail.
5. In W.P. (C) No.27670/2007 a learned Judge of this Court considered an identical issue wherein this Court was of opinion that in so far as the total bill amount is within the administrative sanction for the work and the extra work was W.P.(C)No.31872 of 2007 -3- executed by the contractor as requested by the engineers, on the ground that administrative sanction was not separately obtained for the extra work the contractor cannot be denied payment. Therefore, in that writ petition, the District Collector was directed to grant retrospective administrative sanction for the extra items of work carried out by the contractor, ratifying the execution of extra items of work. The District Collector was directed to obtain the Governmental sanction, if necessary, within four months and to make payment within one month of the administrative sanction. If payment was delayed, there was a direction to pay interest as well. On a consideration of that judgment and comparing the facts of that case with the facts of this case, I am satisfied that the facts are identical. That being so, I am inclined to follow that judgment and issue identical directions in this writ petition also. Accordingly, this writ petition is disposed of with the following directions:
The District Collector, Kozhikode, shall grant retrospective administrative sanction for item W.P.(C)No.31872 of 2007 -4- Nos.2 & 3 in Ext.P3 bill which was carried out by the petitioner or to ratify execution of the extra work done which has been deducted in Ext.P6. The District Collector shall, if necessary, obtain sanction from the Government for the same within four months from the date the petitioner produces a certified copy of this judgment before the District Collector. Payment shall be made within one month after administrative sanction is thus granted by the District Collector. If payment as directed above is not made within the time stipulated above, the petitioner will be entitled to interest at the rate of 7.5% per annum on the withheld amount from the date of expiry of the period stipulated herein.
Sd/-
S. SIRI JAGAN JUDGE //True copy// P.A. TO JUDGE shg/