High Court of KeralaWP(C)/402/2015closed

K.A.Johnson v. The Senior Divisional Manager

2015-01-13Honourable Mr.Justice P.R.Ramachandra Menon3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON TUESDAY, THE 13TH DAY OF JANUARY 2015/23RD POUSHA, 1936 WP(C).No. 402 of 2015 (A) ----------------------------------- PETITIONER(S):

----------------------- K.A.JOHNSON, AGED 49 YEARS, S/O.LATE KUNJAVARA, KOLENCHERRY HOUSE, NEELESWARAM P.O., KALADY, ERNAKULAM DISTRICT. BY ADVS.SRI.S.SHANAVAS KHAN SMT.S.INDU RESPONDENT(S):

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1. THE SENIOR DIVISIONAL MANAGER (WORKS), DIVISIONAL OFFICE, SOUTHERN RAILWAY, THIRUVANANTHAPURAM.

2. THE DIVISIONAL MANAGER (RAILWAY), DIVISIONAL OFFICE, SOUTHERN RAILWAY, THIRUVANANTHAPURAM.

BY ADV. SRI.C.S.DIAS THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: msv/

WP(C).No. 402 of 2015 (A) ------------------------------------ APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXT.P1: TRUE COPY OF THE AGREEMENT ENTERED INTO BETWEEN THE PETITIONER AND THE SECOND RESPONDENT.

EXT.P2: TRUE COPY OF THE PART BILL DATED 3/11/2014 SUBMITTED BY THE PETITIONER.

RESPONDENT(S)' EXHIBITS:

----------------------------------------- NIL //TRUE COPY// P.S.TO JUDGE Msv/

P.R. RAMACHANDRA MENON, J.

----------------------------------- W.P(C). No. 402 of 2015 ------------------------------------------- Dated this the 13th day of January, 2015

J U D G M E N T

The petitioner has approached this Court with the following prayers:

"i) Issue a writ of mandamus or any other writ, order or direction directing the respondents to pay Rs.62,81,890/- which is the part bill amount due to the petitioner in respect of the work undertaken for the construction of improvement to colony approach road at Thrissur sub division forthwith and ii) Pass such other orders as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case."

The learned standing counsel appearing for the respondents (Railway) submits that there is no dispute with regard to the factual position and that the due amount payable to the petitioner has already been disbursed on the day before yesterday.

The said submission is recorded. No further orders are called for. The matter is closed accordingly. Sd/- P.R. RAMACHANDRA MENON, JUDGE.