High Court of KeralaWP(C)/12061/2014disposed of

Gopi P.N. v. The State Of Kerala

2015-11-09Honourable Mr.Justice V.Chitambaresh3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH MONDAY, THE 9TH DAY OF NOVEMBER 2015/18TH KARTHIKA, 1937 WP(C).No. 12061 of 2014 (G) -------------------------------------- PETITIONER:

-------------------------- GOPI P.N.

S/O.NARAYANAN EZHUTHACHAN, PARAPPURATH HOUSE MADAKKATHARA P.O, THRISSUR 680 651 BY ADVS.SRI.G.SREEKUMAR (CHELUR) SRI.K.R.ARUN KRISHNAN RESPONDENTS:

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

1. THE STATE OF KERALA REP BY THE SECRETARY TO THE GOVT.

LOCAL SELF GOVT DEPARTMENT GOVT.SECRETARIAT, THIRUVANANTHAPURAM 695 001

2. THRISSUR CORPORATION REP BY IT'S SECRETARY, THRISSUR 680 001 R1 BY SR. GOVERNMENT PLEADER SMT. ANITHA RAVINDRAN R2 BY ADVS. SRI.K.P.VIJAYAN, SC,THRISSUR CORPORATION SRI.V.N.HARIDAS THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09-11-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No.

12061 of 2014 (G) ------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT P1 A TRUE COPY OF THE SELECTION MEMO OF PW2 29923 OF 2008 ASSIGNED BY THE SECOND RESPONDENT TO THE PETITIONER DATED 17-02-2008 EXHIBIT P2 A TRUE COPY OF THE REPRESENTATION MADE BY THE PETITIONER TO THE SECOND RESPONDENT DATED 29-11-2013 EXHIBIT P3 A TRUE COPY OF THE WORK ORDER NO PW1 28235 OF 2010 BY THE SECOND RESPONDENT TO THE PETITIONER DATED 01-03-2011 EXHIBIT P4 A TRUE COPY OF THE REPRESENTATION MADE BY THE PETITIONER TO THE SECOND RESPONDENT DATED 29-11-2013 EXHIBIT P5 A TRUE COPY OF THE MEMO OF NEGOTIATION OF PW1 11006 OF 2008 DATED 07-01-2008 EXHIBIT P6 A TRUE COPY OF THE REPRESENTATION MADE BY THE PETITIONER TO THE SECOND RESPONDENT DATED 29-11-2013 EXHIBIT P7 A TRUE COPY OF NEGOTIATION NOTICE OF WORK NO PW1 5044 OF 2006 DATED 02/03/2010 EXHIBIT P8 A TRUE COPY OF THE REPRESENTATION MADE BY THE PETITIONER TO THE SECOND RESPONDENT DATED 29-11-2013 EXHIBIT P9 A TRUE COPY OF THE NOTICE OF DEMAND ISSUED BY THE KERALA STATE CO OPERATIVE BANK LIMITED THRISSUR BRANCH TO THE PETITIONER DATED 11-03-2014 EXHIBIT P10 A TRUE COPY OF THE ORDER PASSED BY THIS HONOURABLE COURT IN WPC NO 14642 OF 2012 DATED 08-08-2012 RESPONDENT(S)' EXHIBITS:- NIL --------------------------------------- /TRUE COPY/ P.

V. CHITAMBARESH, J --------------------------------------- W.P.(C). NO. 12061 OF 2014 ---------------------------------------- Dated this the 09th day of November, 2015

JUDGMENT

The security deposit in respect of the two works completed by the petitioner shall be released. This is because the guarantee period after the completion of the work is also over. Any application put in by the petitioner for release of the security deposit as regards these two works shall be considered favourably. Steps shall be taken to refund the security deposit to the petitioner without delay.

The guarantee period in respect of the third work completed is not yet over. The petitioner has to wait till the guarantee period is over. The petitioner is free to prefer an application for release of the security deposit after the guarantee period is over.

The writ petition is disposed of.

V. CHITAMBARESH JUDGE DCS