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High Court of KeralaWP(C)/11636/2015disposed of

R.Mohandas v. The State Of Kerala

2015-12-21Honourable Mr. Justice A.Muhamed Mustaque3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE MONDAY, THE 21ST DAY OF DECEMBER 2015/30TH AGRAHAYANA, 1937 WP(C).No. 11636 of 2015 (D) ---------------------------- PETITIONER :

----------------- R. MOHANDAS, AGED 48 YEARS, S/O. K.N.RAGHAVAN, GOVERNMENT CONTRACTOR, SHANTHI NIKETH, CHIRAKKAL P.O., KANNOOR BY ADVS.SRI.DEVAN RAMACHANDRAN SRI.AJITH KRISHNAN RESPONDENTS :

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

1. THE STATE OF KERALA REPRESENTED BY CHIEF SECRETARY GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 01

2. THE PRINCIPAL SECRETARY IRRIGATION DEPARTMENT, GOVERNMENT SECRETARIAT THIRUVANANTHAPURAM

3. THE ADDITIONAL CHIEF SECRETARY FINANCE DEPARTMENT, GOVERNMENT SECRETARIAT THRIRUVANANTHAPURAM 01

4. THE CHIEF ENGINEER IRRIGATION DEPARTMENT, THIRUVANANTHAPURAM 695033

5. THE SUPERINTENDING ENGINEER IRRIGATION SOUTH CIRCLE, THIRUVANANTHAPURAM 33 R1 TO R5 BY GOVERNMENT PLEADER SMT. C.K. SHERIN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21-12-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

bp

WP(C).No. 11636 of 2015 (D) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1:

TRUE COPY OF THE GO(RT)NO.738/90/IR.D. DATED 05.11.1990 ISSUED BY THE 2ND RESPONDENT.

P2:

TRUE COPY OF THE JUDGMENT DATED 31.03.2003 IN OS.NO.538/95 ON THE FILE OF PRINCIPAL SUB COURT, THIRUVANANTHAPURAM. P3:

TRUE COPY OF THE COMMON JUDGMENT DATED 02.08.2013 IN RFA.NO.373/2003 AND 254/2004.

P4:

TRUE COPY OF THE REPRESENTATION DATED 19.02.2015 SUBMITTED BY THE PETITIONER BEFORE THE 6TH RESPONDENT P5:

COPY OF THE RELEVANT PAGES OF THE M-BOOK IN RESPECT OF PETITIONER'S WORK.

RESPONDENT(S)' EXHIBITS :

--------------------------------------- EXT.R1(a):

COPY OF THE STATEMENT SHOWING THE DETAILS FOR THE AMOUNT DUE TO THE WRIT PETITIONER.

EXT.R1(b):

COPY OF THE RECEIPT REGARDING THE PAYMENT DEPOSITED TO THE COURT DT 9/12/2014.

EXT.R1(c):

COPY OF THE PAYMENT DEPOSITED TO THE CURT DT 23/6/2001. //TRUE COPY// P.A. TO JUDGE bp

A.MUHAMED MUSTAQUE, J.

***************************************************************************** W.P.(C) No.11636 of 2015 ****************************************************************************** Dated this the 21st day of December, 2015

JUDGMENT

The petitioner is a Government Contractor. He undertook the work of "ASE Work constructing a Sea Wall'. As per Ext.P1 Government Order, the Government accepted the rate of 99% above the estimate rate. The petitioner has agreed to do the work at the rate recommended by the Tender Committee. The petitioner was filed a suit before the Principal Sub Court, Thiruvananthapuram and a decree has been passed in the suit.

2.

The petitioner submits that in the light of the above facts and circumstances, the petitioner is entitled for the decree amount along with 99% excess as per Ext.P1. The petitioner approached the second respondent.

This Court is of the view that the petitioner's request shall be considered by the second respondent in the light of Ext.P1 within a period of two months after hearing the petitioner. The writ petition is disposed of as above.

Sd/- A.MUHAMED MUSTAQUE, JUDGE ln