High Court of KeralaWP(C)/29220/2015disposed of

P.K.Ayoob v. The Chief Engineer

2015-11-13Honourable Mr. Justice A.Muhamed Mustaque3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE FRIDAY, THE 13TH DAY OF NOVEMBER 2015/22ND KARTHIKA, 1937 WP(C).No. 29220 of 2015 (B) ---------------------------- PETITIONER :

----------------------- P.K.AYOOB, P.W.D.CONTRACTOR, GRAMATHVAYAL, KALPETTA, WAYANADU -695 033 BY ADV. SRI.V.S.AFSAL KHAN RESPONDENTS :

------------------------- THE CHIEF ENGINEER, NATIONAL GAMES, SECRETARIAT, CHANDRASEKHARAN NAIR STADIUM, THIRUVANANTHAPURAM - 695 033 *ADDL.R2 IMPLEADED *ADDL.R2: THE GOVERNMENT OF KERALA, REPRESENTED BY THE DIRECTOR OF SPORTS AND YOUTH AFFAIRS, DIRECTORATE OF SPORTS AND YOUTH AFFAIRS, VELLAYAMBALAM, THIRUVANANTHAPURAM-695 001 *ADDL.R2 IS IMPLEADED AS PER ORDER DATED 03/11/2015 IN IA.NO.15114/2015 R1 BY ADV. SRI.SREELAL N.WARRIER ADDL.R2 BY GOVERNMENT PLEADER SRI.P.K.SOYUZ THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13-11-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

sts

WP(C).No. 29220 of 2015 (B) ---------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT P1 TRUE COPY OF THE AGREEMENT NO.28/CENGS/2013-2014 DATED 16-07-2013 EXHIBIT P2 TRUE COPY OF THE ORDER NO.1264/ENGG/12/NGS DATED 11-07-2013 EXHIBIT P3 TRUE COPY OF THE LETTER OF ACCEPTANCE NO.1264/ENGG/12/NGS DATED 11-07-2013 ISSUED BY THE RESPONDENT EXHIBIT P4 TRUE COPY OF THE LETTER DATED 7-7-2015 SENT BY THE PETITIONER TO THE RESPONDENT EXHIBIT P5 TRUE COPY OF THE SPEED POST DATED 8-07-2015 EXHIBIT P6 TRUE COPY OF THE PETITION DATED 12-09-2015 SENT BY THE PETITIOENR TO THE RESPONDENT RESPONDENT(S)' EXHIBITS:

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

A.MUHAMED MUSTAQUE, J.

***************************************************************************** W.P.(C) No.29220 of 2015 ****************************************************************************** Dated this the 13th day of November, 2015

JUDGMENT

The petitioner has undertaken certain work on behalf of the National Games Authority. The petitioner has approached this Court for releasing the amount due to him.

It is admitted by the learned Standing Counsel for the first respondent that they have a liability to the petitioner. It is submitted that it is on account of delay in obtaining the amount from the second respondent, they could not effect the payment. In that view of the matter, there shall be a direction to the second respondent to make available necessary fund to the first respondent within two months from the date of receipt of a copy of this judgment. Thereafter, on receipt of the fund from the second respondent, the first respondent shall release the amount to the petitioner without any delay.

The writ petition is disposed of as above.

Sd/- A.MUHAMED MUSTAQUE, JUDGE ln