Peter v. Goshree Islands Development Authority

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN THURSDAY, THE 4TH DAY OF JUNE 2015/14TH JYAISHTA, 1937 WP(C).No. 5191 of 2014 (Y) --------------------------- PETITIONER :

--------------------- PETER S/O.VARKEY, AGED 69 YEARS KOTTAPPURATHU HOUSE, POONITHURA P.O., ERNAKULAM DISTRICT.

BY ADV. SRI.SHERRY J. THOMAS RESPONDENT(S) :

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

1. GOSHREE ISLANDS DEVELOPMENT AUTHORITY GOSHREE-CHATHYATH ROAD, PACHALAM P.O., KOCHIN - 682 012 REPRESENTED BY ITS SECRETARY

2. DISTRICT COLLECTOR ERNAKULAM, CHAIRMAN GOSHREE ISLANDS DEVELOPMENT AUTHORITY GOSHREE-CHATHYATH ROAD, PACHALAM PO, KOCHI - 682 012.

3. KITCO LTD.

REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR M.G.ROAD, RAVIPURAM, COCHIN - 682 016.

(KERALA INDUSTRIAL AND TECHNICAL CONSULTANCY ORGANIZATION) *ADDL. R4 IMPLEADED ---------------------------------- *ADDL.R4. LOCAL SELF GOVERNMENT DEPARTMENT (1A 3) REPRESENTED BY SECRETARY TO GOVERNMENT GOVERNMENT OF KERALA, SECRETARIAT ANNEX THIRUVANANTHAPURAM.

*ADDL. R4 IS IMPLEADED AS PER ORDER DATED 02/09/2014 IN IA 12173/2014.

R1 BY ADV. SRI.VARGHESE K. PAUL BY SRI.M.GOPIKRISHNAN NAMBIAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04-06-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...2/-

WP(C).No. 5191 of 2014 (Y) -------------------------------------- APPENDIX PETITIONERS' EXHIBITS :

------------------------------------- EXHIBIT P1 COPY OF THE LETTER OF AWARD OF WORK DATED 2/5/12. EXHIBIT P2 COPY OF THE RUNNING ACCOUNT BILL PREPARED BY THE 3RD RESPONDENT.

EXHIBIT P3 COPY OF THE LETTER DATED 4//11/2013 SENT BY THE 3RD RESPONDENT TO THE IST RESPONDENT.

EXHIBIT P4 COPY OF THE REQUEST DATED 29/10/2013 SENT TO THE IST RESPONDENT BY THE PETITIONER.

RESPONDENT(S)' EXHIBITS :

-------------------------------------------- EXT. R1(a) COPY OF THE G.O.(RT) NO. 3491/2010/LEGD DT. 4-11-2010 ISSUED BY THE GOVERNMENT OF KERALA.

EXT. R1(b) COPY OF THE LETTER ISSUED BY THE 1ST RESPONDENT TO THE 3RD RESPONDENT DT. 1.12.2010 WITHOUT ENCLOSURE.

EXT. R1(c) COPY OF THE LETTER NO. 2203/DP 343 BP-2013 DT. 20.6.2013 ISSUED BY THE 3RD RESPONDENT TO THE 1ST RESPONDENT ALONG WITH STATEMENT OF ACCOUNT.

EXT. R1(d) COPY OF THE LETTER ISSUED BY THE 1ST RESPONDENT TO THE 3RD RESPONDENT NO. GIDA 293/10 DT. 29-8-2013.

EXT. R1(e) COPY OF THE LETTER NO. 4317:DP-343:GT 2013 DT. 09.09.2013 ALONG WITH DETAILS OF EXTRA WORK DONE OUT OF SCHEDULE. EXT. R1(f) COPY OF THE LETTER NO. GIDA/293/2010 DT. 21-1-2014 OF THE 1ST RESPONDENT TO THE SECRETARY TO THE GOVERNMENT LOCAL SELF GOVERNMENT DEPARTMENT, THIRUVANANTHAPURAM WITHOUT EMCLOSURE.

EXT. R1(g) COPY OF THE EXTRACT OF THE MINUTES OF THE 29TH GENERAL COUNCIL MEETING OF THE 1ST RESPONDENT DT. 31-5-2014. //TRUE COPY// P.A. TO JUDGE Mn

K. VINOD CHANDRAN, J.

--------------------------------------- W.P(C). No.5191 of 2014 --------------------------------------- Dated this the 4th day of June, 2015.

JUDGMENT

The petitioner only seeks disposal of Ext.R1(f) filed before the 4th respondent. Since disposal alone is sought, the addl. 4th respondent shall issue notice to the petitioner and any other concerned party and finalise the same within three months from the date of receipt of a certified copy of this judgment. The writ petition is disposed of, making it clear that this Court has not spoken on the merits of the grievance projected in Ext.R1(f), which the 4th respondent would have to decide. Sd/- K. VINOD CHANDRAN, JUDGE sp