JOSHY VARGHESE Vs. STATE OF KERALA

JUDGEMENT

(1.) THE petitioner is a Contractor, who has executed the following work under the second respondent:

(2.) THE petitioner, therefore, seeks for a direction to the second respondent to disburse the bill amount strictly in the accordance with the priority of his bill.

(3.) IN the statement filed on behalf of the second respondent, it is averred that the measurement of various items of work done by the petitioner have been recorded by the Assistant Engineer, Minor Irrigation Section, Perumbavoor from 16/01/2012 to 07/03/2012 and the same have been check measured by the Assistant Executive Engineer, Minor Irrigation Sub Division, Aluva. The total value of work done by the Contractor is recorded by the concerned Engineer and check measured by the Assistant Executive Engineer and the total value comes to '.8,05,772.00. Accordingly, the claim bill for the work was prepared by the Assistant Engineer and submitted to the second respondent through the Assistant Executive Engineer on 23/06/2012. The second respondent audited the bill and passed the bill for an amount of '.8,05,772.00 and a proposal was placed before the Government for allotment of letter of credit. The details of the bill have been given in para.3 of the statement. In para.4,details of the quantity of cement and steel used have been stated. It is stated that the cost of materials as per agreement has been recovered and it comes to '.1,87,829.00 and the reimbursement of cost of materials comes to '.2,49,215.00. Thus, the net amount of cheque as per the claim bill to the petitioner is '.5,60,215.00 and the reimbursement of cost of materials comes to '.2,49,215.00. Therefore, a total cheque amount of '.8,09,430.00 is due to the petitioner on this account. It is further stated that now the letter of credit has been allotted by the Government on 29/11/2012 and the petitioner's bill is numbered as 10th in the list. Learned Government Pleader therefore submitted that in terms of the priority, the amount will be disbursed but the petitioner will have to accept the measurement.