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High Court of KeralaWP(C)/33723/2015disposed of

V.Ranjith v. The Superintending Engineer, Minor Irrigation Circle, Kozhikode

2015-11-06Honourable Mr. Justice A.Muhamed Mustaque4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE FRIDAY, THE 6TH DAY OF NOVEMBER 2015/15TH KARTHIKA, 1937 WP(C).No. 33723 of 2015 (M) ---------------------------------------- PETITIONER(S):

----------------------- V.RANJITH, AGED 42 YEARS, S/O.AYYAPPAN, RANJITH NIVAS, VELUTHEDATH THAZHAM PARAMB HOUSE, KOMMERI (PO), KOZHIKODE DISTRICT - 673 007.

BY ADVS.SRI.N.M.MADHU SMT.C.S.RAJANI RESPONDENT(S):

------------------------- THE SUPERINTENDING ENGINEER, MINOR IRRIGATION CIRCLE, CAUVERY HOUSE, WEST HILL P.O., KOZHIKODE - 673 005.

BY GOVERNMENT PLEADER SMT.C.K.SHERIN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06-11-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: msv/

WP(C).No. 33723 of 2015 (M) ---------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1- TRUE COPY OF THE REGISTRATION CERTIFICATE DATED 10.10.2011 ISSUED BY THE RESPONDENT TO THE PETITIONER.

P2- TRUE COPY OF THE CERTIFICATE OF EXPERIENCE DATED 20.7.2013 ISUED BY THE ASSISTANT EXECUTIVE ENGINEER, KOZHIKODE CORPORATION, KOZHIKODE TO THE PETITIONER.

P3- TRUE COPY OF THE GOVERNMENT ORDER BEARING NO.G.O. (RT) NO.24/2015/PWD DATED 6.1.2015.

P4- TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER TO THE RESPONDENT FOR THE RENEWAL OF EXT P1.

P5- TRUE COPY OF THE INTIMATION DATED 15.10.2015 ISSUED BY THE RESPONDENT REJECTING EXT P4 RESPONDENT(S)' EXHIBITS:

----------------------------------------- NIL //TRUE COPY// P.S.TO JUDGE Msv/

A.MUHAMED MUSTAQUE, J.

================== W.P.(C).No. 33723 of 2015 ================== Dated this the 6th day of November, 2015

J U D G M E N T

The petitioner a registered contractor has approached this Court for renewal of Ext.P1 registration. Admittedly, the petitioner's registration was expired on 31.3.2013. The petitioner approached the respondent after one year of the period of the expiry. The petitioner's request has been rejected as per Ext.P5. 2.

The petitioner refers to Ext.P3 Government order wherein Government had given extension for renewal to certain contractors who failed to deposit excess security deposit demanded. 3.

The petitioner submits that there is no period of limitation and the respondents can exercise the power of discretion to extent the time.

4.

Considering the facts and circumstances, this Court is of the view that the petitioner's request for renewal shall be accepted on condition that if the petitioner deposit any enhanced amount

W.P.(C).No. 33723 of 2015 - : 2 :- within two 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