High Court of KeralaWP(C)/37522/2015disposed of

M/S.Kavumkal Road Builders, Represented By Its Managing Partner, Kuriakose Sabu v. The Superintending Engineer, Public Works Department, (Roads & Bridges)

2015-12-10Honourable Mr. Justice A.Muhamed Mustaque3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE THURSDAY, THE 10TH DAY OF DECEMBER 2015/19TH AGRAHAYANA, 1937 WP(C).No. 37522 of 2015 (M) ------------------------------------------- PETITIONER(S) :

------------------------- M/S.KAVUMKAL ROAD BUILDERS, CHEMPANOLI, VECHOOCHIRA P.O., PATHANAMTHITTA, REPRESENTED BY ITS MANAGING PARTNER, KURIAKOSE SABU. BY ADVS.SRI.PHILIP J.VETTICKATTU SRI.VINEETH KURIAKOSE RESPONDENT(S) :

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

1. THE SUPERINTENDING ENGINEER, PUBLIC WORKS DEPARTMENT, (ROADS & BRIDGES), SOUTH CIRCLE, PUBLIC OFFICE BUILDING, MUSEUM, TRIVANDRUM-695 033.

2. THE EXECUTIVE ENGINEER, PUBLIC WORKS DEPARTMENT, (ROADS DIVISION), KOLLAM-691 013.

3. STATE OF KERALA, REPRESENTED BY THE SECRETARY, PUBLIC WORKS DEPARTMENT, SECRETARIAT, TRIVANDRUM-695 001.

BY GOVERNMENT PLEADER SRI.BIJU MEENATTOOR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10-12-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

Msd.

WP(C).No. 37522 of 2015 (M) ------------------------------------------ APPENDIX PETITIONER(S)' EXHIBITS :

---------------------------------------- EXHIBIT-P1: TRUE COPY OF THE SELECTION NOTICE DATED 18.11.2015 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER. EXHIBIT-P2: TRUE COPY OF SELECTION NOTICE DATED 08.12.2015 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER.

EXHIBIT-P3: TRUE COPY OF THE LETTER DATED 08.12.2015 ISSUED BY THE 2ND RESPONDENT STARTING PENDING BILL DETAILS. EXHIBIT-P4: TRUE COPY OF REQUEST DATED 09.12.2015 FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.

EXHIBIT-P5: TRUE COPY OF THE REQUEST DATED 09.12.2015 FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.

EXHIBIT-P6: TRUE COPY OF ORDER DATED 17.11.2014 ISSUED BY THE SUPERINTENDENT ENGINEER, ROADS & BRIDGES DIVISION. EXHIBIT-P7: TRUE COPY OF THE JUDGMENT IN W.P.(C) NO.4224/2015 DATED 13.02.2015.

EXHIBIT-P8: TRUE COPY OF THE JUDGMENT IN W.P.(C) NO.4753/15 DATED 18.02.2015.

EXHIBIT-P9: TRUE COPY OF THE JUDGMENT IN W.P.(C) NO.32108/15 DATED 20.10.2015.

RESPONDENT(S)' EXHIBITS :

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

Msd.

A.Muhamed Mustaque, J.

==================================== W.P.(C)No.37522 of 2015 ==================================== Dated this the 10th day of December, 2015.

JUDGMENT

1. Petitioner has been awarded two works as per Exts.P1 and P2, for which petitioner has to deposit security. Petitioner submits that he is entitled to get more amount from the same Department as per Ext.P3.

2. Considering the facts and circumstances of the case, there shall be a direction to the respondents to adjust the amount required to be deposited by the petitioner vide Exts.P1 and P2 from Ext.P3. Time to execute the agreement is therefore extended by two weeks. Writ petition is disposed of as above.

Muhamed Mustaque, Judge.

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