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High Court of KeralaWP(C)/22228/2010closed

Calicut Construction Labour Contract v. The Executive Engineer, Pwd(Roads)Divn.

2015-02-25Honourable Smt. Justice P.V.Asha3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE SMT. JUSTICE P.V.ASHA WEDNESDAY, THE 25TH DAY OF FEBRUARY 2015/6TH PHALGUNA, 1936 WP(C).No. 22228 of 2010 (C) ---------------------------- PETITIONER:

----------- CALICUT CONSTRUCTION LABOUR CONTRACT CO-OPERATIVE SOCIETY LTD.NO.D 2286, PAVAMANI ROAD KOZHIKODE-1.REPRESENTED BY ITS PRESIDENT.

BY ADV. SRI.M.SASINDRAN RESPONDENT(S):

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1. THE EXECUTIVE ENGINEER,PWD (ROADS) DIVISION, MANJERI.

2. THE SUPERINTENDING ENGINEER,PWD(ROADS AND BRIDGES), NORTH CIRCLE, KOZHIKODE.

3. THE CHIEF ENGINEER, PWD(ROADS AND BRIDGES THIRUVANANTHAPURAM.

4. THE SECRETARY TO GOVERNMENT,PUBLIC WORKS (H)DEPARTMENT, THIRUVANANTHAPURAM.

R BY ADV. GOVERNMENT PLEADER R BY GOVERNMENT PLEADER SMT.ROSE MICHAEL THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25-02-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 22228 of 2010 © A P P E N D I X PETITIONER's EXHIBITS EXT.P1: A TRUE COPY OF THE INTIMATION ISSUED BY THE EXECUTIVE ENGINEER, PWD (ROADS) DIVISION, MANJERI DT.29.04.2005. EXT.P2: TRUE COPY OF THE LETTER DT.26.11.2007 ISSUED BY THE EXECUTIVE ENGINEER, PWD (ROADS) DIVISION, MANJERI.

EXT.P3: TRUE COPY OF THE WORK SLIP EVIDENCING EXCESS WORK DONE BY THE PETITIONER AS PER AGREEMENT NO.EE(M)06/05-06 DT.29.04.2005. EXT.P4: TRUE COPY OF THE LETTER ISSUED BY THE SUPERINTENDING ENGINEER, PWD (ROADS AND BRIDGES) NORTH CIRCLE, KOZHIKODE TO THE CHIEF ENGINEER, PWD (ROADS AND BRIDGES), THIRUVANANTHAPURAM DT.17.12.2007.

EXT.P5: TRUE COPY OF THE WORK SLIP EVIDENCING EXCESS WORK DONE BY THE PETITIONER.

EXT.P6: TRUE COPY OF THE JUDGMENT DT.28.8.09 IN WPC.NO.35779/2008. /TRUE COPY/ P.S TO JUDGE

P.V.ASHA, J.

----------------------------------------------------- W.P(c) No.22228 of 2010-C ---------------------------------------------------- Dated this the 25th day of February, 2015

JUDGMENT

The prayer in the Writ Petition is for a direction to the respondents to disburse the balance amount due to the petitioner towards the work executed by the petitioner Society.

2.

It is stated in parag raphs 4, 6 and 7 of the counter affidavit filed by the 4th respondent that the balance amount due to the petitioner was already paid on 31.03.2011. Recording the above statement, the Writ Petition is closed.

Sd/- (P.V.ASHA, JUDGE) rtr/