Kerala High Court
Lovely Thomas vs State Of Kerala on 24 November, 2020
Author: P.V.Asha
Bench: P.V.Asha
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE SMT. JUSTICE P.V.ASHA
TUESDAY, THE 24TH DAY OF NOVEMBER 2020 / 3RD AGRAHAYANA, 1942
WP(C).No.15602 OF 2020(A)
PETITIONER:
LOVELY THOMAS,
AGED 55 YEARS,
W/O.THOMAS, PWD 'A' CLASS CONTRACTOR,
PUTHENPURAYIL HOUSE, AMRITHAGIRI, ARATTUTHARA P.O,
MANANTHAVADY, WAYANAD DISTRICT- 670645.
BY ADVS.
SRI.ABRAHAM MATHEW (VETTOOR)
SRI.ANIL ABEY JOSE
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY THE PRINCIPLE SECRETARY TO GOVERNMENT,
LSGD DEPARTMENT,
THIRUVANANTHAPURAM, PIN-695004.
2 CHIEF ENGINEER,
PWD BUILDING DIVISION,
OFFICE OF THE CHIEF ENGINEER,
PWD BUILDINGS DIVISION, THIRUVANANTHAPURAM-695033.
3 CHIEF ENGINEER,
LSGD, PUBLIC OFFICE BUILDING,
THIRUVANANTHAPURAM-695033.
4 SUPERINTENDING ENGINEER,
PWD - BUILDINGS, NORTH CIRCLE, PWD COMPLEX, KOZHIKODE
- 673001.
5 EXECUTIVE ENGINEER,
PWD-BUILDINGS DIVISION,
OFFICE OF THE EXECUTIVE ENGINEER,
PWD BUILDING DIVISION, KALPETTA, WAYANAD-673122.
BY ADV. SMT.VINITHA.B., GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.11.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.15602 OF 2020(A)
2
JUDGMENT
The petitioner had undertaken the work of construction of building for GHSS, Valate in Wayanad district. The work was completed on 04.12.2015. These are admitted facts. It is also admitted that a sum of Rs.6,16,858/- is due to the petitioner. This Court had passed an interim order on 22.09.2020 to the 1st respondent to consider the claim of the petitioner for the said amount and to take a decision on it.
2. The 5th respondent had filed a counter affidavit stating in paragraph 4 that LSGD had sanctioned and deposited a sum of Rs.1,45,68,126/- for the entire work including civil and electrical works but the deposited amount was insufficient for payment to petitioner.
3. The learned Government Pleader submits WP(C).No.15602 OF 2020(A) 3 that revised administrative sanction from the Chief Engineer, PWD is required for making the payment of balance amount due to petitioner. It is further stated that administrative sanction would be required again from the Government in LSGD.
Therefore the writ petition is disposed of with a direction to the 2 nd respondent - the Chief Engineer, PWD Building Division to send a proposal to the Chief Engineer, LSGD for revised administrative sanction for the payment to petitioner and shall thereupon take up the matter with the Government who shall grant revised administrative sanction on the basis of the said proposal. All these shall be done within a period of two months from the date of receipt of a copy of the judgment. In case, the sanction from Finance Department is WP(C).No.15602 OF 2020(A) 4 necessary, the 1st respondent shall also get it within the said time. Then payment shall be made to petitioner within another two weeks.
Accordingly, the writ petition is disposed of. Sd/-
P.V.ASHA, JUDGE.
ww WP(C).No.15602 OF 2020(A) 5 APPENDIX PETITIONER'S EXHIBITS:
EXHIBIT P1 A TRUE COPY OF THE COMMUNICATION MADE BY THE 5TH RESPONDENT TO THE 4TH RESPONDENT DATED 17.03.2017.
EXHIBIT P2 A TRUE COPY OF THE COMMUNICATION NO. DB-
3/4652/2012 ISSUED BY THE 4TH RESPONDENT TO THE 2ND RESPONDENT DATED 03.05.2017.
EXHIBIT P3 A TRUE COPY OF THE COMMUNICATION NO. FB 3/9381/2017 ISSUED BY THE 2ND RESPONDENT TO THE 3RD RESPONDENT DATED 19.10.2017.
EXHIBIT P4 A TRUE COPY OF THE REPRESENTATION MADE BY THE PETITIONER TO SRI.O.R KELU, THE MLA FROM MANANTHAVADY DATED 07.02.2018.
EXHIBIT P5 A TRUE COPY OF THE LETTER NO.A1/915/2015 ISSUED BY THE 5TH RESPONDENT TO SRI.O.R. KELU, THE MLA FROM MANANTHAVADY DATED 18.04.2018.