A.P.NARAYANA PISHARADY Vs. EXECUTIVE ENGINEER

JUDGEMENT

(1.) The petitioner, who is a B Class Contractor, has filed this writ petition seeking to declare that the petitioner is eligible to receive the entire amount sanctioned as per Ext.P5 and withholding of 20% from that amount by the respondents, is highly illegal, arbitrary and without any sanction of law. The petitioner also seeks release of Performance Security Deposit with 18% interest.

(2.) On 29.11.2016, as per Ext.P1, the petitioner entered into a contract with the 1 st respondent for executing the work of Setting up of Incinerator for Waste Treatment facilities in the Government Medical College, Thrissur. The accepted tender amount was Rs. 49,99,757/-. The petitioner deposited Rs. 2,50,000/- as Performance Security Deposit.

(3.) The petitioner completed the work on 27.03.2018. The 2nd respondent issued Ext.P4 certificate of completion of work on 18.06.2018. By Ext.P5, the Chief Engineer issued Deposit Verification Report for payment of Rs. 37,36,978/- to the petitioner. The Chief Engineer ordered that payment may be effected for Ext.P5 bill at Thrissur District Treasury.