High Court of KeralaWP(C)/34098/2015disposed of

P.M.R.Construction Company v. The Superintending Engineer, Pwd

2015-11-12Honourable Mr. Justice A.Muhamed Mustaque3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE THURSDAY, THE 12TH DAY OF NOVEMBER 2015/21ST KARTHIKA, 1937 WP(C).No. 34098 of 2015 (J) ---------------------------- PETITIONER:

------------------- P.M.R.CONSTRUCTION COMPANY, P.O.MELMURI, MALAPPURAM DISTRICT, PIN-676 514, REPRESENTED BY ITS MANAGING PARTNER, ABDUL SHUKOOR P.M., S/O.P.M.ALAVI.

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

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

1. THE SUPERINTENDING ENGINEER, KERALA PUBLIC WORKS DEPARTMENT, OFFICE OF THE SUPERINTENDING ENGINEER, ROADS AND BRIDGES NORTH CIRCLE, PWD COMPLEX, MANANCHIRA, KOZHIKODE-673 001.

2. THE EXECUTIVE ENGINEER, KERALA PUBLIC WORKS DEPARTMENT (ROADS AND BRIDGES) DIVISION, MANJERI, MALAPPURAM DISTRICT-676 121.

BY GOVERNMENT PLEADER SRI.BIJU MEENATTOOR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12-11-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 34098 of 2015 (J) -------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS:

------------------------------------- EXT.P1.

TRUE COPY OF THE COMMUNICATION ISSUED BY THE 1ST RESPONDENT DATED 31/10/2015.

EXT.P2.

TRUE COPY OF THE REQUEST LETTER SUBMITTED BY THE PETITIONER DATED 6/11/2015.

EXT.P3.

TRUE COPY OF THE COMMUNICATION DATED 6/11/2015 ISSUED BY THE 2ND RESPONDENT TO THE 1ST RESPONDENT.

EXT.P4.

TRUE COPY OF THE CERTIFICATE DATED 6/11/2015 ISSUED BY THE 2ND RESPONDENT.

EXT.P5.

TRUE COPY OF THE JUDGMENT IN WPC NO.4890/2015 DATED 19/2/2015.

EXT.P6.

TRUE COPY OF THE INTERIM ORDER IN WPC NO.32896/2014 DATED 17/12/2014.

EXT.P7.

TRUE COPY OF THE INTERIM ORDER IN WPC NO.12407/2015 DATED 17/4/2015.

RESPONDENT(S)' EXHIBITS:

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

A.MUHAMED MUSTAQUE, J.

***************************************************************************** W.P.(C) No.34098 of 2015 ****************************************************************************** Dated this the 12th day of November, 2015

JUDGMENT

The petitioner-company have been selected to execute certain work on behalf of the Public Works Department. Ext.P1 is the selection notice. The petitioner have to furnish security deposit as well as treasury deposit to the tune of totalling Rs.1,19,04,600/-. As per Ext.P4, the petitioner is entitled for Rs.2,18,90,907/-. Considering the facts and circumstances, there shall be a direction to the respondents to adjust the amount payable by the petitioner from the amount due to the petitioner as per Ext.P4. In view of the above, the petitioner is given two weeks time to execute the agreement 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