1. Petitioner has approached this Court seeking for the following reliefs:
“i) issue a writ of mandamus or other appropriate writ, order or direction compelling the respondents to pay the whole amount due to the petitioner in relation to the contract work executed and completed by him as per Ext.P1 agreement, as requested for by him in Exts.P2 to P4 along with interest thereon within such time as this Hon'ble Court deem just and proper;
ii) declare that the stand of the 2nd and 3rd respondents in Exts.P5 and P6 that the dues would be released to the petitioner, only on realization of the same from the fourth respondent, as illegal and arbitrary;
iii) pass such other orders as this Hon'ble Court shall deem just.”
2. The facts of the case disclose that the petitioner has undertaken a W.P.(C)No.23728/2011 -:2:-
contract work for and on behalf of the second respondent and he has completed the said work as evidenced from Ext.P5 letter. According to the petitioner, despite the fact that the work has been completed, no action has been taken to release the amount covered by the bills. According to the petitioner, the amounts claimed are not disputed and the only reason for not disbursing the amount is on the ground that the second respondent has to receive the amount from the fourth respondent. No counter affidavit is seen filed in the above case.
3. Heard the learned counsel for the petitioner, learned counsel for the second respondent and the learned Government Pleader.
4. On a perusal of Ext.P5, it is clear that the petitioner is entitled to receive an amount of Rs.12,88,002/- from the second respondent, who has entrusted the work to the petitioner. The only reason stated is that the second respondent has to receive the amount from the fourth respondent. This, apparently, is not a reason for denying the payment to the petitioner, who has no contractual obligation with the W.P.(C)No.23728/2011 -:3:-
fourth respondent.
5. In the above circumstances, I dispose of this writ petition directing the second respondent to pay the aforesaid admitted amount to the petitioner, within a period of one month from the date of receipt of a copy of this judgment.
A.M.Shaffique, Judge.
sl.