M/S.K.Ravindran v. Member Secretary, Kerala State Rural Roads Development

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE THE CHIEF JUSTICE MR.ASHOK BHUSHAN & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE MONDAY, THE 1ST DAY OF JUNE 2015/11TH JYAISHTA, 1937 RP.No. 400 of 2015 () IN WA.1205/2014 --------------------------------------- AGAINST THE ORDER/JUDGMENT IN WA 1205/2014 of HIGH COURT OF KERALA DATED 13-10-2014 REVIEW PETITIONER(S):

--------------------- M/S. K. RAVINDRAN, GOVERNMENT CONTRACTOR, 28/309A, 'NATH'

THONDAYAD - KOTTOLI ROAD, CHEVARAMBALAM P.O.

CALICUT - 673 017 REPRESENTED BY ITS MANAGIND PARTNER V.RAJEENDRANATH.

BY ADVS.SRI.BABU KARUKAPADATH SMT.M.A.VAHEEDA BABU SRI.K.A.NOUSHAD SRI.P.U.VINOD KUMAR SRI.KANDAMPULLY RAHUL SRI.MITHUN BABY JOHN SRI.J.RAMKUMAR RESPONDENT(S):

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1. MEMBER SECRETARY, KERALA STATE RURAL ROADS DEVELOPMENT, T.C.28/885 CSI BUILDING, PULIMOODU JUNCTION, THIRUVANANTHAPURAM.

2. THE SUPERINTENDING ENGINER , THE CHIEF TECHNICAL OFFICER KERALA STATE RUARAL ROADS DEVELOPMENT, T.C.28/885 CSI BUILDING, PULIMOODU JUNCTION, THIRUVANANTHAPRUAM.

3. THE EXECUTIVE ENGINER, PROGRAM IMPLEMANTATION UNIT WAYANAD DISTRICT PANCHAYATH, NORTH KALPETTA P.O. WAYANAD DISTRICT. .

4. THE PROJECT DIRECTOR, DISTRICT POVERTY ALLEVIATION UNIT WAYANAND DISTRICT PANCHAYATH, KALPETTA NORTH P.O. WAYANAD.

BY SR.GOVERNMENT PLEADER SRI.P.I.DAVIS THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 01-06-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

ASHOK BHUSHAN, CJ & A.M.SHAFFIQUE, J ---------------------------------------------- R.P.No.400 of 2015 IN W.A.No.1205 of 2014 ---------------------------------------------- Dated this the 1st June, 2015

O R D E R

Shaffique, J.

This Review Petition is filed seeking to review the judgment dated 13.10.2014 in W.A.No.1205 of 2014. It is pointed out by learned counsel for the review petitioner that the only review sought for is to modify the judgment to the extent that liability to pay interest at 10% on the balance amount Uhas been deleted. The Writ Appeal was filed against the judgment of the learned Single Judge. It was the contention of the learned Government Pleader that the direction issued by the learned Single Judge directing payment of the amount with interest was unreasonable.

RP.400/15 IN WA.1205/14

2. Having gone through the entire factual circumstances, we had deleted the liability to pay interest at 10% on the balance amount. It was found that non payment was on account of a genuine dispute between the parties and there was no reason to direct payment of interest on the balance amount payable.

3. Having regard to the fact that we had considered the matter on merits and taken a decision, no ground is made out as far as the direction to delete the interest portion is concerned. Accordingly, we do not find any reason to review the judgment. The Review Petition is dismissed.

ASHOK BHUSHAN CHIEF JUSTICE A.M.SHAFFIQUE JUDGE vgs2/6/15