A. THAJUDEEN Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is concerned with the security deposit demanded for the two works now awarded to the petitioner as per Exhibits P1 and P2. The total amounts would be Rs.39,37,150/- in the two works together. The petitioner submits that the petitioner is a regular contractor and has many pending bills remaining for payment with the Public Works Department [PWD]. The petitioner specifically submits that there is an amount of Rs.60,41,374/- sanctioned and remaining due for the work "Improvements to PMG Plamoode Road" with bill ID 4975 and Register Serial No.427. The 4th respondent is said to be the Executive Engineer who is the disbursing authority for the said amounts.

(2.) In the aforesaid circumstance, the petitioner shall file an undertaking before the 4th respondent that, as and when the amounts are disbursed, Rs.39,37,150/- [Rupees thirty nine lakhs, thirty seven thousand, one hundred and fifty] shall be deposited into the Treasury in lieu of the security for the works at Exhibits P1 and P2. The undertaking shall be got endorsed by the Executive Engineer and produced before the 3rd respondent. The 3rd respondent shall, on the basis of the undertaking as endorsed by the 4th respondent, permit the petitioner to execute the agreement without making deposit of the security amount. The petitioner shall also be granted two weeks time from the date of receipt of a certified copy of this judgment, to execute the agreement. The writ petition is disposed of as above. No costs.