High Court of KeralaWP(C)/38910/2015disposed of

Roy Mathew v. Government Of Kerala

2015-12-22Honourable Mr. Justice A.Muhamed Mustaque4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE TUESDAY, THE 22ND DAY OF DECEMBER 2015/1ST POUSHA, 1937 WP(C).No. 38910 of 2015 (K) ---------------------------- PETITIONER :

----------------- ROY MATHEW, AGED 52 YEARS, GOVERNMENT CONTRACTOR, PAMPLANIYIL HOUSE, BHARANANGANAM.P.O, PALA VIA, KOTTAYAM DISTRICT. BY ADVS.SRI.BABU JOSEPH KURUVATHAZHA SRI.P.T.ABHILASH RESPONDENTS :

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

1. GOVERNMENT OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF RURAL DEVELOPMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.

2. KERALA STATE RURAL ROADS DEVELOPMENT AGENCY, LOCAL SELF GOVERNMENT(RD) DEPARTMENT GOVERNMENT OF KERALA, 3RD FLOOR, CSI BUILDING, PULIMOOD JUNCTION, THIRUVANANTHAPURAM-695001 REPRESENTED BY ITS MEMBER SECRETARY.

3. SUPERINTENDING ENGINEER, KERALA STATE RURAL ROADS DEVELOPMENT AGENCY LOCAL SELF GOVERNMENT(RD)DEPARTMENT GOVERNMENT OF KERALA, 3RD FLOOR, CSI BUILDING PULIMOOD JUNCTION, THIRUVANANTHAPURAM-695001.

4. EXECUTIVE ENGINEER, PROGRAMME IMPLEMENTATION UNIT, LSGD, PALAKKAD-678001.

5. ASSISTANT EXECUTIVE ENGINEER, PROGRAM IMPLEMENTATION UNIT, PALAKKAD-678001.

6. ACCREDITED ENGINEER, KUZHALMANNAM BLOCK, PROGRAM IMPLEMENTATION UNIT PALAKKAD-678001.

7. GOVERNMENT OF INDIA, REPRESENTED BY ITS SECRETARY MINISTRY OF RURAL DEVELOPMENT, CENTRAL SECRETARIAT, NEW DELHI-110001.

R1 TO R3 BY GOVERNMENT PLEADER SRI. BIJU MEENATTOOR R5 BY ADV. SMT.H.SUBHALEKSHMI, CGC R7 BY ADV. SMT. MINI GOPINATH, CGC BY SRI.N.NAGARESH, ASSISTANT SOLICITOR GENERAL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22-12-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 38910 of 2015 (K) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1:

TRUE COPY OF THE AGREEMENT NO.60/SE-KSRRRDA/2013-2014 DATED 24.1.2014 EXECUTED BETWEEN THE PETITIONER AND THE 3RD RESPONDENT.

P2:

TRUE COPY OF THE PROCEEDING DATED 24.1.2014 OF THE 3RD RESPONDENT.

P3:

TRUE COPY OF THE MEMORANDUM OF WORKS TENDERED AS PER EXT.P1 AGREEMENT,ENCLOSED ALONG WITH EXT.P2.

P4:

TRUE COPY OF THE REPRESENTATION DATED 29.6.2015 SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENTS 3 TO 6. P5:

TRUE COPY OF THE REPRESENTATION DATED 10.9.2015 SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENTS 3 TO 6. RESPONDENT(S)' EXHIBITS :

NIL.

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

A.MUHAMED MUSTAQUE, J.

***************************************************************************** W.P.(C) No.38910 of 2015 ****************************************************************************** Dated this the 22nd day of December, 2015

JUDGMENT

The petitioner has approached this Court alleging delay on the part of respondents 3 to 6 in recording the measurement of the work covered by Ext.P1 agreement.

Considering the facts and circumstances, there shall be a direction to the respondents 3 to 6 to complete the measurement of the work executed by the petitioner as per Ext.P1 within a period of one month from the date of receipt of a copy of this judgment. Thereafter, they shall take necessary steps for release of the bill amount in accordance with the agreement within a further period of one month, if otherwise the petitioner is entitled.

The writ petition is disposed of as above.

Sd/- A.MUHAMED MUSTAQUE, JUDGE ln