The Government of Kerala, represented by the Secretary to the Tourism Department, is suo motu impleaded. The Registry will carry out corrections in the cause title. 2. The petitioner has undertaken a work on behalf of the first respondent- KTDC through the 2nd respondent KITCO Ltd. The petitioner submitted their bills to KITCO. On account non disbursal of their bills, the petitioner approached this Court.
3. Pursuant to the direction of this Court in its order dated 26/8/2014, a meeting was convened by KTDC on 16/9/2014, in which it was decided that the consultant (KITCO) and the contractor (petitioner) should reconcile the actual amount due to the contractor- petitioner at the earliest and thereafter, the KTDC should take up the matter with the W.P.(c).No.14163 of 2014 : 2 :
Government to release an interim payment to KITCO for settling all outstanding payment due to various contractors and vendors as per the statement of account submitted by KITCO. As seen from Ext.R2(i), the amount due to the petitioner is agreed between the parties at Rs.5,28,283.82/-. The petitioner requested KITCO to release the initial Security Deposit of Rs.41,937/- and KITCO agreed to release the same.
4. In view of the above, the first respondent -KTDC is directed to take up the matter with the Additional 3rd respondent Government to release the amount of Rs.5,28,283.82. This shall be done within a period of three weeks from the date of receipt of a copy of this judgment.
5. The additional 3rd respondent shall take a decision on release of the amount requested by the KTDC within a period of four weeks from the date of receipt of a request from the first respondent-KTDC.
6. If the Government takes a decision to release the amount, same shall be released to the KTDC within four weeks thereafter. KTDC on obtaining the amount, shall release the W.P.(c).No.14163 of 2014 : 3 :
amount to the KITCO without further delay. KITCO thereupon shall release the amount to the petitioner. However, KITCO shall release initial security deposit to the petitioner within two weeks to the petitioner.
All issues in this writ petition are left open.
Sd/-
A.MUHAMED MUSTAQUE, Judge.
dpk /True copy/ PS to Judge.
W.P.(c).No.14163 of 2014 : 4 :