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High Court of KeralaWP(C)/26775/2015disposed of

Abdul Nasar.P v. The Superintending Engineer

2015-09-043 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE FRIDAY, THE 4TH DAY OF SEPTEMBER 2015/13RD BHADRA, 1937 WP(C).No. 26775 of 2015 (V) ------------------------------------------ PETITIONER(S) :

------------------------- ABDUL NASAR.P, PWD CONTRACTOR, PALLIYALIL HOUSE, VELLILA P.O., MANKADA, MALAPPURAM DISTRICT.

BY ADVS.SRI.K.M.SATHYANATHA MENON SMT.KAVERY S THAMPI RESPONDENT(S) :

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

1. THE SUPERINTENDING ENGINEER, PUBLIC WORKS DEPARTMENT, OFFICER OF THE SUPERINTENDING ENGINEER, ROAD & BRIDGES NORTH CIRCLE, PWD COMPLEX, MANANCHIRA, KOZHIKODE, PIN- 673 001.

2. THE EXECUTIVE ENGINEER, PWD ROADS DIVISION, MANJERI, MALAPPURAM, PIN- 676 121. BY GOVERNMENT PLEADER SMT.C.K.SHERIN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04-09-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

Msd.

WP(C).No. 26775 of 2015 (V) ------------------------------------------ APPENDIX PETITIONER(S)' EXHIBITS :

------------------------------------------ EXHIBIT P1: TRUE COPY OF THE COMMUNICATION ISSUED BY THE 1ST RESPONDENT DATED 17.08.2015.

EXHIBIT P2: TRUE COPY OF THE REQUEST LETTER SUBMITTED BY THE PETITIONER DATED 01.09.2015 BEFORE THE 1ST RESPONDENT.

EXHIBIT P3: TRUE COPY OF THE CERTIFICATE DATED 31.08.2015 ISSUED BY THE 2ND RESPONDENT.

EXHIBIT P4: TRUE COPY OF THE JUDGMENT IN W.P.(C).NO.17137 OF 2015. EXHIBIT P5: TRUE COPY OF THE INTERIM ORDER IN W.P.(C).NO.32896 OF 2015. RESPONDENT(S)' EXHIBITS :

------------------------------------------- NIL //TRUE COPY// P.A.TO JUDGE.

Msd.

A.MUHAMED MUSTAQUE, J.

~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C).No.26775/2015 ~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 4th Day of September, 2015

J U D G M E N T

The petitioner for the award of work covered by Ext.P1 was directed to furnish security deposit and performance guarantee. The petitioner submits that as per Ext.P3 bill with respect to another work, he is entitled to receive more amount than the amount now ordered as security deposit.

2.

In the light of pendency of Ext.P3, there shall be a direction to the respondents to deduct the amount covered by Ext.P3 towards security deposit and performance guarantee in Ext.P1. The time to execute agreement is extended by 10 days from today.

The writ petition is disposed of as above. No costs.

Sd/- A.MUHAMED MUSTAQUE, JUDGE ms