SURESH GOPINATH Vs. STATE OF KERALA

JUDGEMENT

(1.) THE petitioner is a Government contractor, who became successful in the tender floated in connection with the construction work of additional block for Women and Children at Taluk Head Quarters Hospital, Ottappalam, Palakkad.

(2.) PURSUANT to finalization of the bid as above, Ext. P1 agreement was executed incorporating specific terms, which very much included the rate quoted by the petitioner and it was the lowest one i.e. 32.73 % above schedule of Rate 2009, less the cost of department material, as discernible from the proceedings bearing No. CE/BL/PLKD/14232/09 dated 23.12.2010 issued on behalf of the Chief Engineer.

(3.) THE 4th respondent has filed a counter affidavit, virtually conceding the factual position as to the awarding of works and its completion. It is stated in paragraph 3 of the counter affidavit that the electrification work was commenced on 04.02.2011 and completed on 14.08.2012. It is stated that some part payments have already been made; but the balance could not be effected because of the objection raised from the part of Accountant General, as stated in paragraph 4. It is mentioned in paragraph 5, that some defects were noted in respect of the final bill and hence the same was returned for curing the defects, as given below;