High Court of KeralaWP(C)/38911/2015disposed 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 ---------------------------- 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 PROGRAM IMPLEMENTATION UNIT, LSGD, PALAKKAD-678001.

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

6. ACCREDITED ENGINEER OTTAPPALAM BLOCK, PROGRAM IMPLEMENTATION UNIT PALAKKAD-679101.

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

R1 TO R3 BY GOVERNMENT PLEADER SMT. C.K. SHERIN R7 BY ADV. SMT.KEERTHI SOLOMON, 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:

---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT-P1:

TRUE COPY OF THE AGREEMENT NO.103/SE-KSRRDA/2013-2014 DATED 4.3.2014 EXECUTED BETWEEN THE PETITIONER AND THE 3RD RESPONDENT.

EXHIBIT-P2:

TRUE COPY OF THE REPRESENTATION DATED 19.9.2015 SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT.

EXHIBIT-P3:

TRUE COPY OF THE PROCEEDING NO.DB-469/2014 DATED 20.7.2015 OF THE 4TH RESPONDENT FORWARDED TO THE 2ND RESPONDENT. EXHIBIT-P4:

TRUE COPY OF THE REQUEST MOOTED BY THE 4TH RESPONDENT TO THE 2ND RESPONDENT.

EXHIBIT-P5:

TRUE COPY OF THE REPRESENTATION DATED 7.7.2015 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.38911 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