C.M.Abdulkhader v. Superintending Engineer

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE MONDAY, THE 28TH DAY OF SEPTEMBER 2015/6TH ASWINA, 1937 WP(C).No. 29245 of 2015 (E) --------------------------------------- PETITIONER:

------------------ C.M.ABDULKHADER, AGED 47 YEARS, S/O. MOIDEEN KUNHI HAJEE, P.W.D. CONTRACTOR, CHERKALA, P.O.CHENGALA, KASARAGOD DISTRICT-671541.

BY ADVS.SRI.K.V.PAVITHRAN SRI.JAYANANDAN MADAYI PUTHIYAVEETTIL SRI.P.SAJU SRI.NIAS MOOPAN RESPONDENTS:

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1. SUPERINTENDING ENGINEER, PWD, BUILDINGS (NORTH) CIRCLE, KOZHIKODE-673001.

2. EXECUTIVE ENGINEER, PWD, BUILDINGS DIVISION, KASARAGOD-671121.

3. ASSISTANT EXECUTIVE ENGINEER, PWD, BUILDING SUB DIVISION, KASARAGOD-671121.

4. ASSISTANT ENGINEER PWD, SPECIAL BUILDINGS SECTION, NO.II, KASARAGOD-671121.

5. STATE OF KERALA, REPRESENTED BY THE SECRETARY, PUBLIC WORKS DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695001.

BY GOVERNMENT PLEADER SMT.C.K.SHERIN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28-09-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

PJ

WP(C).No. 29245 of 2015 (E) ---------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT P1TRUE COPY OF RELEVANT PORTIONS OF THE AGREEMENT. EXHIBIT P2TRUE COPY OF THE COMPLETION CERTIFICATE ISSUED BY THE 1ST RESPONDENT.

EXHIBIT P3TRUE COPY OF THE LETTER DATED 21-12-2012 OF 4TH RESPONDENT ADDRESSED TO 3RD RESPONDENT.

EXHIBIT P4TRUE COPY OF THE LETTER DATED 11-1-2013 OF 2ND RESPONDENT ADDRESSED TO 3RD RESPONDENT.

EXHIBIT P5TRUE COPY OF LAWYER NOTICE DATED 27-3-2014 ISSUED TO THE SECOND RESPONDENT.

EXHIBIT P5(A)- TRUE COPY OF ACKNOWLEDGMENT OF EXHIBIT P5. EXHIBIT P6TRUE COPY OF LETTER DATED 14-5-2015 OF THE PETITIONER ADDRESSED TO 3RD RESPONDENT.

EXHIBIT P6(A)- TRUE COPY OF THE LETTER DATED 12-8-2015 OF THE PETITIONER ADDRESSED TO THIRD RESPONDENT.

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

/ TRUE COPY / P.S. TO JUDGE PJ

A.MUHAMED MUSTAQUE, J.

================== W.P.(C).No. 29245 of 2015 ================== Dated this the 28th day of September, 2015

J U D G M E N T

The petitioner submits that he has been submitted final bill on completion of the work before the third respondent for the work referred in Ext.P1. The petitioner submits that no action has been taken by the third respondent to submit final bill before the 2nd respondent.

2.

The petitioner also made a request on Exts. P6 and P6(a). In view of the above, there shall be a direction to the 3rd respondent to take necessary steps based on Exts. P6 and P6(a) within 3 weeks from the date of receipt of the copy of this judgment.

The writ petition is disposed of, as above.

sd/- sab A.MUHAMED MUSTAQUE, JUDGE