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High Court of KeralaWP(C)/38625/2015disposed of

K.Mohammed Haji v. Superintending Engineer

2015-12-18Honourable Mr. Justice A.Muhamed Mustaque3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE FRIDAY, THE 18TH DAY OF DECEMBER 2015/27TH AGRAHAYANA, 1937 WP(C).No. 38625 of 2015 (C) --------------------------------------- PETITIONER(S):

---------------------- K.MOHAMMED HAJI, AGED 68 YEARS, S/O. MOIDEEN KUTTY HAJI, PWD CONTRACTOR, MPK MANZIL, THERUR, EDAYANNUR P.O., KANNUR DISTRICT, PIN:670595.

BY ADVS.SRI.K.V.PAVITHRAN SRI.M.P.JAYANANDAN SRI.P.SAJU SRI.NIAS MOOPAN SRI.N.UNNIKRISHNAN RESPONDENT(S):

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

1. SUPERINTENDING ENGINEER, PWD BUILDINGS, (NORTH) CIRCLE, KOZHIKODE, PIN:673001.

2. EXECUTIVE ENGINEER, PWD, BUILDINGS DIVISION, THALASSERI, PIN:670 601.

3. CHIEF ENGINEER, PWD, BUILDINGS, THIRUVANANTHAPURAM-695001.

4. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, PUBLIC WORKS DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695001.

BY GOVERNMENT PLEADER SMT.C.K.SHERIN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18-12-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

PJ

WP(C).No. 38625 of 2015 (C) ---------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT P1:

TRUE COPY OF THE AGREEMENT DATED 13.3.2012.

EXHIBIT P2:

TRUE COPY OF THE REPRESENTATION DATED 25.7.2013 TO THE HON'BLE MINISTER FOR WORKS.

EXHIBIT P2(A): TRUE COPY OF THE REPRESENTATION DATED 28.11.2013 TO THE HON'BLE MINISTER FOR WORKS.

EXHIBIT P3:

TRUE COPY OF LETTER DATED 13.1.2014 OF THE THIRD RESPONDENT ADDRESSED TO 4TH RESPONDENT.

EXHIBIT P4:

TRUE COPY OF LETTER DATED 18.1.2014 OF THIRD RESPONDENT TO 4TH RESPONDENT.

EXHIBIT P5:

TRUE COPY OF LETTER DATED 30.1.2014 OF MLA (ALONG WITH REPRESENTATION DATED 29.1.2014) TO THE HON'BLE MINISTER. EXHIBIT P6:

TRUE COPY OF THE LETTER DATED 30.1.2014 OF THE 4TH RESPONDENT TO THIRD RESPONDNET.

EXHIBIT P7:

TRUE COPY OF THE LETTER DATED 3.2.2014 OF THIRD RESPONDENT TO 4TH RESPONDENT.

EXHIBIT P8:

TRUE COPY OF LETTER DATED 13.6.2014 OF PETITIONER TO THE HON'BLE CHIEF MINISTER.

EXHIBIT P9:

TRUE COPY OF THE GOVERNMENT ORDER SANCTIONING HIGHER RATES IN IDENTICAL CASE.

RESPONDENT(S)' EXHIBITS --------------------------------------- NIL.

/ TRUE COPY / P.S. TO JUDGE PJ

A. MUHAMED MUSTAQUE, J.

-------------------------------------------------- W.P.(C) No. 38625 of 2015 -------------------------------------------------- Dated this the 18th day of December, 2015

J U D G M E N T

The petitioner has been awarded with a work, "Construction of new block for Mattannur Poly Technic". The petitioner submits that in the light of Ext.P1, he is entitled for revision. He has approached the Chief Minister with a representation, who forwarded the same to the 3rd respondent, the Chief Engineer. The Chief Engineer forwarded the request of the petitioner to the 4th respondent by Ext.P7.

In the facts and circumstances of the case, this Court is of the view that the 4th respondent shall be directed to take a decision on Ext.P7 within a period of six weeks from the date of receipt of a copy of this judgment. The writ petition is disposed of as above.

Sd/- A. MUHAMED MUSTAQUE JUDGE bka/21.12.2015