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High Court of KeralaWP(C)/2146/2015disposed of

George K.Vallamattom v. Kerala State Construction Corporation

2015-11-21Honourable Mr. Justice A.Muhamed Mustaque4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE SATURDAY, THE 21ST DAY OF NOVEMBER 2015/30TH KARTHIKA, 1937 WP(C).No. 2146 of 2015 (P) --------------------------- PETITIONER :

----------------- GEORGE K. VALLAMATTOM, AGED 39 YEARS, VALLAMATTOM HOUSE, MUVATTUPUZHA, ERNAKULAM DISTRICT. BY ADV. SRI.T.RAJESH RESPONDENTS :

----------------------

1. KERALA STATE CONSTRUCTION CORPORATION PONNURUNNI, VYTTILA-682 019 REPRESENTED BY THE MANAGING DIRECTOR.

2. THE GENERAL MANAGER KERALA STATE CONSTRUCTION CORPORATION PONNURUNNI VYTTILA-682 019.

3. GOVERNMENT OF KERALA, REPRESENTED BY THE SECRETARY (FINANCE) GOVERNMENT SECRETARIAT, TRIVANDRUM-695 001.

4. THE SECRETARY TRIBAL WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT, TRIVANDRUM-695 001.

R1 & R2 BY ADV. SRI.M.V.THAMBAN, SC., KSCC LTD. R3 BY SPL. GOVERNMENT PLEADER SMT. SANTHAMMA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21-11-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 2146 of 2015 (P) --------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXT.P1:

A TRUE COPY OF THE NOTICE INVITING TENDER.

EXT.P2:

A TRUE COPY OF THE WORK ORDER NO.CC/GM/PMH/NRM/010/6020 DATED 3/8/2011 OF THE 2ND RESPONDENT.

EXT.P3:

A TRUE COPY OF THE AGREEMENT DATED 30/11/2011 EXECUTED BETWEEN THE PETITIONER WITH RESPONDENTS 1 AND 2. EXT.P4:

A TRUE COPY OF THE COMMUNICATION DATED 13/2/2012 ISSUED BY THE 1ST RESPONDENT TO THE 4TH RESPONDENT.

EXT.P5:

A TRUE COPY OF THE LETTER DATED 29/3/2012 ISSUED BY THE PETITIONER.

EXT.P6:

A TRUE COPY OF THE LETTER CC/GM/PMH/NRM/010/6825 DATED 19/4/2012.

EXT.P7:

A TRUE COPY OF THE COMMUNICATION FORWARDED BY THE PETITIONER DATED 3/5/2012.

EXT.P8:

A TRUE COPY OF THE COMMUNICATION CG/GM/PMH/NRM/010/36 DATED 5/4/2013 OF THE 1ST AND 2ND RESPONDENTS TO THE 4TH RESPONDENT.

EXT.P9:

A TRUE COPY OF THE LAWYER NOTICE CAUSED TO BE ISSUED BY THE PETITIONER DATED 15/1/2015.

RESPONDENT(S)' EXHIBITS :

NIL.

//TRUE COPY// P.A. TO JUDGE bp

A. MUHAMED MUSTAQUE, J ------------------------------------------------------- W.P.(C).No. 2146 of 2015 ------------------------------------------------------- Dated this the 21th day of November, 2015

JUDGMENT

The petitioner is a Government Contractor. He has executed certain work on behalf of the 1st respondent-The Kerala State Construction Corporation. He was engaged in the construction of work by the 1st respondent. The Construction Corporation was engaged by Tribal Welfare Department-Government of Kerala.

2. The petitioner approached this Court on account of delay in getting the bills.

3. In this matter, a statement has been filed on behalf of 3rd respondent. It is stated that steps have been taken to send the Demand Draft to the 1st respondent.

W.P.(C).No. 2146 of 2015 -24. In that view of the matter, the following directions are issued :

If the amounts are not released so far, 3rd and 4th respondent shall take necessary steps to forward the necessary funds to the 1st respondent within a period of one month. On receipt of the funds from the 3rd and 4th respondent, the 1st respondent shall release the bill amount to the petitioner, within further period of one month.

The writ petition is disposed of as above.

Sd/- A. MUHAMED MUSTAQUE JUDGE bpr