High Court of KeralaWP(C)/36859/2015disposed of

Joji Joseph v. The Superintending Engineer

2015-12-07Honourable Mr. Justice A.Muhamed Mustaque4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE MONDAY, THE 7TH DAY OF DECEMBER 2015/16TH AGRAHAYANA, 1937 WP(C).No. 36859 of 2015 (F) ------------------------------------------- PETITIONER(S) :

-------------------------- JOJI JOSEPH, AGED 46 YEARS, S/O.JOSEPH, PUTHUSSERY HOUSE, KANJOOR, KALADY, PIN - 683 575.

BY ADVS.SRI.P.K.IBRAHIM SMT.K.P.AMBIKA RESPONDENT(S) :

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

1. THE SUPERINTENDING ENGINEER, OFFICE OF THE SUPERINTENDING ENGINEER, PWD BUILDING, CENTRAL CIRCLE, TRISSUR, PIN - 680 001.

2. THE CHIEF ENGINEER, PWD BUILDINGS, THIRUVANANTHAPURAM, PIN - 695 001.

3. THE EXECUTIVE ENGINEER, PWD ROADS DIVISION, CHEMBUKAVU, THRISSUR, PIN - 680 020.

BY GOVERNMENT PLEADER SMT.C.K.SHERIN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07-12-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

Msd.

WP(C).No. 36859 of 2015 (F) ----------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS :

---------------------------------------- EXHIBIT P1(A): TRUE COPY OF THE COMMUNICATION DATED 11.11.2015 AWARDING THE CONSTRUCTION OF NEW OP BLOCK FOR GOVT. HOSPITAL, THRIPRAYAR BY THE 1ST RESPONDENT TO THE PETITIONER.

EXHIBIT P1(B): TRUE COPY OF THE COMMUNICATION DATED 13.11.2015 AWARDING THE CONSTRUCTION OF ADDITIONAL CLASS ROOM BUILDING AND COMPOUND WALL IN V.H.S.S, VALAPAD BY THE 1ST RESPONDENT TO THE PETITIONER.

EXHIBIT P2:

TRUE COPY OF THE CERTIFICATE DATED 01.12.2015 ISSUED BY THE 3RD RESPONDENT CERTIFYING THE PENDING WORK BILL DUE TO THE PETITIONER.

EXHIBIT P3:

TRUE COPY OF THE CIRCULAR DATED 07.03.2003 THUS ISSUED BY THE PUBLIC WORKS (H) DEPARTMENT.

EXHIBIT P4:

RESPONDENT(S)' EXHIBITS :

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

Msd.

A.MUHAMED MUSTAQUE, J.

================== W.P.(C).No. 36859 of 2015 ================== Dated this the 7th day of December, 2015

J U D G M E N T

The petitioner has been selected for the award of the contract as per Ext.P1(a). The petitioner has been directed to remit security deposit, out of which 50% in the form of treasury deposit and the balance as the bank guarantee. The petitioner refers to Ext.P2 certificate issued by the same department showing that the petitioner is entitled for more amount than directed to be deposited as security deposit. In that view of the matter the amount payable by the petitioner shall be adjusted from the amount due to him. Therefore the time granted for the petitioner to execute the agreement is extended by 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

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