THIRUVANANTHAPURAM DEVELOPMENT AUTHORITY(TRIDA) Vs. G. ANILKUMAR

JUDGEMENT

(1.) The Thiruvananthapuram Development Authority (herein after referred to as 'TRIDA') has filed this writ petition impugning Ext.P3 order of the Upa Lok Ayukta, whereby an amount of Rs.1,41,786/- has been directed to be paid to the 1st respondent herein.

(2.) The pleadings on record would indicate that the 1 st respondent was a contractor engaged to undertake certain works by the TRIDA and that he had raised claims for amounts as being "Tender Excess", which was, however, denied by the TRIDA. The 1st respondent therefore approached this Court by filing W.P.(C)No.9288/2006 and a judgment was delivered by this Court directing the TRIDA to consider this claim, pursuant to which an order was issued by the TRIDA, dated 12.06.2006, informing the petitioner that 'tender excess' cannot be paid for articles purchased on market rates and for articles supplied by Department.

(3.) The 1st respondent thereupon appears to have invoked the jurisdiction of the learned Upa Lok Ayukta, by filing a complaint, numbered as 1177/2008, which was allowed through Ext.P3 order. The petitioner-TRIDA submits that since the amounts were not admitted by them and since it is their specific case that such amounts are not due to the 1 st respondent, the learned Upa Lok Ayukta would obtain no jurisdiction to consider these issues, in view of Section 8(1)(c) and particularly, the 2nd schedule of the Lok Ayukta Act, 1999.