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High Court of KeralaWP(C)/13513/2015disposed of

Shajan Jacob v. The Superintending Engineer

2015-05-08Honourable Mr. Justice A.Muhamed Mustaque3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE FRIDAY, THE 8TH DAY OF MAY 2015/18TH VAISAKHA, 1937 WP(C).No. 13513 of 2015 (L) ---------------------------- PETITIONER:

------------------- SHAJAN JACOB, OVELIL HOUSE, KURUMPANADAM P.O., CHANGANACHERRY.

BY ADVS.SRI.PHILIP J.VETTICKATTU SRI.B.PREMNATH (E) RESPONDENT(S):

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

1. THE SUPERINTENDING ENGINEER, PUBLIC WORKS DEPARTMENT, JUDICIAL BUILDINGS CIRCLE, ERNAKULAM, PWD COMPLEX, EDAPPALLY, KOCHI-682024.

2. THE EXECUTIVE ENGINEER, PUBLIC WORKS DEPARTMENT, (BUILDING DIVISION), COLLECTORATE P.O., KOTTAYAM-686002.

3. THE CHIEF ENGINEER, PWD BUILDINGS, THIRUVANANTHAPURAM-695001.

4. STATE OF KERALA, REPRESENTED BY THE SECRETARY, PUBLIC WORKS DEPARTMENT, SECRETARIAT, TRIVANDRUM-695001.

BY GOVERNMENT PLEADER SRI.FAZIL.P.

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08-05-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

mbr/

WP(C).No. 13513 of 2015 (L) --------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS:

------------------------------------- P1 :

TRUE COPY OF THE RELEVANT PAGES OF E-TENDER INVITATION NOTICE FOR THE WORK-CONSTRUCTION OF JUDICIAL COMPLEX AT CHANGANACHERRY.

P2 :

TRUE COPY OF THE SELECTION NOTICE DT.7-4-15 ISSUED BY 1ST RESPONDENT TO THE PETITIONER.

P3 :

TRUE COPY OF THE INTIMATION ISSUED FROM THE OFFICE OF THE EXECUTIVE ENGINEER, DT.29-4-2015.

P4 :

TRUE COPY OF THE REPRESENTATION DT.NIL SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.

P5 :

TRUE COPY OF THE ORDER DT.17-11-2014 ISSUED BY THE SUPERINTENDENT ENGINEER, ROADS AND BRIDGES DIVISION.

P6 :

TRUE COPY OF THE JUDGMENT DT.13-2-2015 PASSED BY THIS HON'BLE COURT IN WPC.NO. 4224/15.

P7 :

TRUE COPY OF THE JUDGMENT DT.18-2-2015 PASSED BY THIS HON'BLE COURT IN WPC.NO. 4753/15.

P8 :

TRUE COPY OF THE JUDGMENT DT.9-4-15 PASSED BY THIS HON'BLE COURT IN WPC.NO. 11287/15.

RESPONDENT(S)' EXHIBITS:

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

A.MUHAMED MUSTAQUE, J.

========================= W.P(C).No.13513 of 2015 ============================ Dated this the 08th day of May, 2015

JUDGMENT

Petitioner has been awarded with the work of construction of judicial complex at Changanacherry. Ext.P2 is the selection notice dated 07.04.2015. Vide Ext.P2 selection notice, petitioner is directed to furnish a security deposit of `28,55,520/-. Learned counsel for the petitioner submits that petitioner has executed several works awarded by the respondents and huge amount is due to the petitioner. Petitioner requested the respondents to adjust the security deposit from the amount of pending bills. 2.

In view of Ext.P6 judgment, there shall be a direction to the respondents to enter into an agreement for execution of the work awarded as per Ext.P2 selection notice, treating second item of Ext.P3 as a security deposit, in compliance of Ext.P2 selection notice.

The Writ Petition is disposed of.

Sd/- A.MUHAMED MUSTAQUE, JUDGE.

Sbna/11/05/15