The petitioner undertook the works for effecting improvements to the following three roads:
1) Poochunnipadam – Kadalassery Road
2) Perincherry South – Kuttankulangara Road
3) Chevoor – South Pootharakkal Road The petitioner completed the works relating to the first and second roads. Exts.P3 and P4 are the completion certificates. In respect of third, the petitioner could complete the work except the area of 79 meters. Petitioner submits that he could complete the work in relation to the third work except to the extent of area of 79 meters due to the injunction order by the civil court. Therefore, the petitioner has approached this Court seeking a direction to the respondents to issue completion certificate in respect of the third work. Considering the fact that the petitioner could not complete the third work in view of the stay order WP(C).No.32889/2014-I.
2 passed by the civil court, the petitioner is entitled to the completion certificate in respect of the work except the area of 79 meters. The completion certificate shall be issued to the petitioner by the 2nd respondent within a period of three weeks. The measurement shall also be taken in respect of all the works and bill shall be released to the petitioner based on the seniority. It is submitted by the learned Govt.Pleader that there is a vigilance enquiry initiated against the petitioner in respect of all the works, I am of the view, the vigilance enquiry, if any, initiated shall not stand in the way of releasing the bill amount. However, this will be without prejudice to the ongoing vigilance enquiry against the works. Eligible retention amount shall also be released to the petitioner without any delay.
Writ petitions are disposed of as above.
Sd/-
A.MUHAMED MUSTAQUE, (Judge) Kvs/-
( true copy )