High Court of KeralaWP(C)/37882/2015disposed of

Cherian Varkey Construction Company (Pvt) Ltd v. State Of Kerala

2015-12-21Honourable Mr. Justice A.Muhamed Mustaque4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE MONDAY, THE 21ST DAY OF DECEMBER 2015/30TH AGRAHAYANA, 1937 WP(C).No. 37882 of 2015 (I) ---------------------------- PETITIONER :

------------------ M/S. CHERIAN VARKEY CONSTRUCTION COMPANY (PVT) LTD., 5TH FLOOR, ALPHA PLAZA, K.P.VALLON ROAD, KADAVANTHRA, KOCHI, PIN-682 020 REPRESENTED BY ITS DIRECTOR, GEROGE VARKEY, AGED 55 YEARS.

BY ADVS.SRI.SATHISH NINAN SRI.SANTHOSH MATHEW SRI.ARUN THOMAS SRI.JENNIS STEPHEN SRI.ALPHIN ANTONY SRI.VIJAY V. PAUL RESPONDENTS :

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

1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, PUBLIC WORKS DEPARTMENT, SECRETARIAT THIRUVANANTHPUARAM, PIN-695 001.

2. THE CHIEF ENGINEER (ROADS AND BRIDGES) THIRUVANANTHPUARAM, PIN-695 001.

3. THE SUPERINTENDING ENGINEER PUBLIC WORKS DEPARTMENT, ROADS AND BRIDGES (SOUTH) CIRCLE THIRUVANANTHPUARAM - 695001

4. THE EXECUTIVE ENGINEER PUBLIC WORKS DEPARTMENT, ROADS DIVISION, KOLLAM - 689101 BY GOVERNMENT PLEADER SRI. M.R. ARUN KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21-12-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 37882 of 2015 (I) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXT.P1:

TRUE COPY OF THE REQUEST DATED 19/1/2011 MADE BY THE PETITIONER RELATING TO THE WORK UNDER DIFFERENCE HEADS. EXT.P2:

TRUE COPY OF THE REPORT DATED 19/4/2011 SUBMITTED BY THE 2ND RESPONDENT TO THE 1ST RESPONDENT.

EXT.P3:

TRUE COPY OF THE GOVERNMENT ORDER G.O.(RT) NO.810/2012 PWD DTED 9/5/2012.

EXT.P4:

TRUE COPY OF THE PLAINT IN OS NO.123/2013 ON THE FILES OF THE SUB COURT, KARUNAGAPPALLY.

EXT.P5:

TRUE COPY OF THE MINUTES OF THE MEETING HELD ON 2/6/2015 IN THE CHAMBER OF SECRETARY TO GOVERNMENT, PUBLIC WORKS DEPARTMENT.

EXT.P6:

TRUE COPY OF THE COMMUNICATION DATED 9/8/2015 RECEIVED BY THE PETITIONER FROM THE RESPONDENTS RESPONDENT(S)' EXHIBITS :

NIL.

//TRUE COPY// P.A. TO JUDGE bp

A.Muhamed Mustaque, J.

==================================== W.P.(C) No.37882 of 2015 ==================================== Dated this the 21st day of December, 2015.

JUDGMENT

1. Petitioner has filed a suit O.S.No.123 of 2013 on the file of the Sub Court, Karunagappally raising certain claims from the respondents.

2. Petitioner approached this court for release of the admitted amount covered by Ext.P3 and for sanctioning of the final bill.

3. It appears that, on account of the pendency of the suit, the respondents refused to release the amount as per Ext.P3.

4. This court is of the view that, without prejudice to the contentions of either parties in the suit, the admitted amount covered by Ext.P3

W.P.(C) No.37882 of 2015 -:2:- shall be released to the petitioner. However, this shall be done within a period of one month. Thereafter, the petitioner shall file a memo before the civil court to the satisfaction of his claim covered by Ext.P3. If there is delay in payment, it is open to the petitioner to approach the civil court to claim interest for the delayed payment. Writ petition is disposed of as above.

Muhamed Mustaque, Judge.

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