STATE OF KERALA Vs. ANIL

JUDGEMENT

(1.) "Contractors Bill" is not an unfamiliar subject to this High Court for quite some time. There are two reported Bench decisions of this court on the subject. The first one is reported in Anirudhan Vs. State of Kerala, 1999(2) KLJ 252 and the other is reported in State of Kerala Vs. K.P.W.S.W.L.C. Co-op. Society Ltd. (AIR 2001 Kerala 60). In the former case, the only defence of State was of financial difficulty. Considering the financial position explained in the affidavit filed by the State and particulars furnished in the additional statement dated 23-9-99, the Government was granted four months time atleast for making payments to the contractors who had filed Original Petitions on or before 23-6-99 against the final bills submitted by them excluding the Original Petitions filed by the Associations/Union of Contractors. There was also a direction to make payments in the remaining cases strictly in accordance with the seniority of the bills under the respective head of accounts and subject to availability of funds, on the principle 'first done first paid'.

(2.) Coming to the latter decision, it may be seen that it is a case where the State filed Writ Appeal against the direction issued by the learned single Judge following Anirudhan's case in various writ petitions. The main contention raised by the State was maintainability with particular reference to the prerogative writ of mandamus and the Division Bench held as follows :

(3.) In view of the conflicting orders from the different benches, and in view of the conflicting stand taken by the State before different Benches, by order dated 23-3-2001 another Division Bench referred the matter for authoritative pronouncement by a Full Bench.