← Library
High Court of KeralaWP(C)/28548/2015disposed of

P.A Issac v. The Secretary

2015-10-29Honourable Mr. Justice A.Muhamed Mustaque4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE THURSDAY, THE 29TH DAY OF OCTOBER 2015/7TH KARTHIKA, 1937 WP(C).No. 28548 of 2015 (P) --------------------------------------- PETITIONER(S):

---------------------- P.A ISSAC, P.W.D CONTRACTOR, BHAGAVATHKUZHY HOUSE, NIRANAM POST THIRUVALLA- 689 630.

BY ADVS.SRI.MATHEW JOHN (K) SRI.DOMSON J.VATTAKUZHY RESPONDENT(S):

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

1. THE SECRETARY TO GOVERNMENT, PUBLIC WORKS DEPARTMENT, TRIVANDRUM- 695 001, REPRESENTED BY ITS SECRETARY.

2. THE CHIEF ENGINEER, PUBLIC WORKS DEPARTMENT, OFFICE OF THE CHIEF ENGINEER, PWD BUILDINGS, TRIVANDRUM- 695 001.

3. DIRECTOR OF ANIMAL HUSBANDRY, ANIMAL HUSBANDRY DEPARTMENT, TRIVANDRUM- 695 001.

4. THE EXECUTIVE ENGINEER, P.W.D BUILDINGS DIVISION, PATHANAMTHITTA- 685 533. BY SENIOR GOVERNMENT PLEADER SRI.T.P.SAJITH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29-10-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

PJ

WP(C).No. 28548 of 2015 (P) -------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXT P1A TRUE COPY OF THE GOVERNMENT ORDER NO.M2/28718/2013/ PLG DATED 30/10/2013.

EXT P2A TRUE COPY OF THE GOVERNMENT ORDER NO.G.O (RT) NO.713/2014/AD DATED 31/03/20914.

EXT P3A TRUE COPY OF THE GOVERNMENT ORDER NO.M2/28718/2013/PLG DATED 20/03/2015.

EXT P4A TRUE COPY OF THE LETTER FROM THE EXECUTIVE ENGINEER TO THE MANAGER, FEDERAL BANK DATED 25/06/2015 ALONG WITH POWER OF ATTORNEY AND OTHER DOCUMENTS.

EXT P5A TRUE COPY OF THE LETTER TO THE EXECUTIVE ENGINEER BY THE PETITIONER DTED 1/09/2015 ANIMAL HUSBANDRY DEPARTMENT. EXT P6A TRUE COPY OF THE SAID JUDGEMENT IN WP(C) NO.21688 OF 2014 DATED 13/10/2014.

EXT.P7:

A TRUE COPY OF APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE ADDL.R5 DATED 26/10/15 EXT.P8:

A TRUE COPY OF THE REPLY DATED 27/10/15 BY THE ADDL.R5 TO THE PETITIONER.

RESPONDENT(S)' EXHIBITS --------------------------------------- NIL.

/ TRUE COPY / P.S. TO JUDGE PJ

A.MUHAMED MUSTAQUE, J.

***************************************************************************** W.P.(C) No.28548 of 2015 ****************************************************************************** Dated this the 29th day of October, 2015

JUDGMENT

The petitioner has undertaken a work in relation to 'Niranam Duck Farm, Pathanamthitta'. The petitioner has approached this Court for release of the amount due to him for the work undertaken by him.

2.

The petitioner submits that this is an amount deposited by the Agricultural Department and in the light of Ext.P6 judgment, he is entitled for the amount.

3.

In this matter, a counter affidavit has been filed fourth respondent. In the counter affidavit, it is stated that the work is not a deposit work and therefore, it will come under the seniority in accordance with the seniority maintained by the Public Works Department.

4.

The petitioner refers to Ext.P8. Ext.P8 shows that this is a fund earmarked for the Agricultural Department.

W.P.(C) No.28548 of 2015 2 In that view of the matter, this Court is of the view that following the directions in Ext.P6 judgment, the amount shall be released to the petitioner within a period of one month from the date of receipt of a copy of this judgment.

The writ petition is disposed of as above.

Sd/- A.MUHAMED MUSTAQUE, JUDGE ln