M.Abdul Muthalif v. The Superintending Engineer

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN TUESDAY, THE 28TH DAY OF JULY 2015/6TH SRAVANA, 1937 WP(C).No. 21131 of 2015 (N) ---------------------------- PETITIONER(S):

----------------------- M.ABDUL MUTHALIF, S/O S.M.RAWTHER,' NAVAS MANZIL', PALACHERY P.O., PUNALUR, KOLLAM DISTRICT.

BY ADVS.SRI.K.V.SOHAN SMT.SREEJA SOHAN.K.

SRI.ROVIN RODRIGUES RESPONDENT(S):

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1. THE SUPERINTENDING ENGINEER, OFFICE OF THE SUPERINTENDING ENGINEER, NATIONAL HIGHWAY SOUTH CIRCLE, OPPOSITE LOURDE CHURCH, PMG PATTAM ROAD, THIRUVANANTHAPURAM-695004.

2. THE EXECUTIVE ENGINEER, PWD NATIONAL HIGHWAY DIVISION, KOLLAM-691001.

3. THE EXECUTIVE ENGINEER, PWD ROADS DIVISION, KOLLAM-691001.

BY GOVERNMENT PLEADER SMT.C.K.SHERIN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28-07-2015 ALONG WITH WPC. 21149/2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 21131 of 2015 (N) --------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS:

------------------------------------- EXHIBIT P1:

TRUE COPY OF THE LETTER OF ACCEPTANCE DATED 9.7.2014 ISSUED BY RESPONDENT NO.1.

EXHIBIT P2:

TRUE COPY OF THE AGREEMENT DATED 17.7.2014 ENTERED INTO BETWEEN PETITIONER AND RESPONDENT NO.1.

EXHIBIT P3:

TRUE COPY OF THE NOTICE TO PROCEED WITH THE WORK, DATED 17.7.2014 ISSUED BY RESPONDENT NO.1.

EXHIBIT P4:

TRUE COPY OF THE LETTER DATED 3.6.2015 ADDRESSED BY RESPONDENT NO.2 TO RESPONDENT NO.3.

RESPONDENTS' EXHIBITS:

NIL.

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

K. VINOD CHANDRAN, J - - - - - - - - - - - - -- - - - - - - - - - - - - - - - W.P(C) Nos.21131 of 2015 & 21149 of 2015 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 28th day of July, 2015

J U D G M E N T

The above writ petitions were filed on the ground that the amounts due as per the completed work of the National Highway has not been paid till date. The learned Government Pleader submits that the bills were presented only on 30.03.2015. There is also a specific term in the contract that the bill sanction and payment will be in accordance with the seniority of the submission of the bills. In such circumstance, Government shall consider the payment of the petitioner's bills in accordance with such seniority as specified in the contract and as decided by the Government.

Writ petition is disposed of.

Sd/- (K. VINOD CHANDRAN, JUDGE) jma //true copy// P.A to Judge