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High Court of KeralaWP(C)/39875/2015disposed of

Baiju M. Mani v. Government Of Kerala

2015-12-234 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE WEDNESDAY, THE 23RD DAY OF DECEMBER 2015/2ND POUSHA, 1937 PETITIONER(S):

---------------------- BAIJU M. MANI, AGED 51 YEARS, S/O.M.C.MANI, CONTRACTOR, MATTATHIL HOUSE, EDAVATTAM P.O., THALAYOLAPARAMBU, KOTTAYAM DISTRICT.

BY ADVS.SRI.BABU JOSEPH KURUVATHAZHA SRI.P.T.ABHILASH RESPONDENT(S):

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

1. GOVERNMENT OF KERALA, REPRESENTED BY ITS SECRETARY, PUBLIC WORKS DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695 001.

2. EXECUTIVE ENGINEER, P.W.D. (ROADS DIVISION), KOTTAYAM, PIN - 686 001.

3. ASSISTANT EXECUTIVE ENGINEER, PWD, ROADS SUB DIVISION, VAIKOM, KOTTAYAM DISTRICT, PIN - 686 141.

BY GOVERNMENT PLEADER SMT.C.K.SHERIN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23-12-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXT.P-1:

TRUE COPY OF THE CHECKLIST - GENERAL BILL, PERTAINING TO THE BILL AMOUNT OF RS.4,40,179/- DUE TO THE PETITIONER MAINTAINED BY THE 2ND RESPONDENT EXT.P-2:

TRUE COPY OF THE CHECKLIST - GENERAL BILL, PERTAINING TO THE BILL AMOUNT OF RS.2,99,280/- DUE TO THE PETITIONER MAINTAINED BY THE 2ND RESPONDENT EXT.P-3:

TRUE COPY OF THE CHECKLIST - GENERAL BILL, PERTAINING TO THE BILL AMOUNT OF RS.2,99,28O/- DUE TO THE PETITIONER MAINTAINED BY THE 2ND RESPONDENT EXT.P-4:

TRUE COPY OF THE CHECKLIST - GENERAL BILL, PERTAINING TO THE BILL AMOUNT OF RS.4,70,018/- DUE TO THE PETITIONER MAINTAINED BY THE 2ND RESPONDENT EXT.P-5:

TRUE COPY OF THE SELECTION NOTICE BEARING NO.AB2-672/15 DATED 16.11.2015 ISSUED BY THE 3RD RESPONDENT EXT.P-6:

TRUE COPY OF THE SELECTION NOTICE BEARING NO.AB2-671/15 DATED 16.11.2015 ISSUED BY THE 3RD RESPONDENT EXT.P-7:

TRUE COPY OF THE SELECTION NOTICE BEARING NO.AB2-675/15 DATED 17.11.2015 ISSUED BY THE 3RD RESPONDENT EXT.P-8:

TRUE COPY OF THE SELECTION NOTICE BEARING NO.AB2-678/15 DATED 17.11.2015 ISSUED BY THE 3RD RESPONDENT EXT.P-9:

TRUE COPY OF THE SELECTION NOTICE BEARING NO.AB2-674/15 DATED 17.11.2015 ISSUED BY THE 3RD RESPONDENT EXT.P-10:

TRUE COPY OF THE SELECTION NOTICE BEARING NO.AB2-669/15 DATED 17.11.2015 ISSUED BY THE 3RD RESPONDENT EXT.P-11:

TRUE COPY OF THE SELECTION NOTICE BEARING NO.AB2-670/15 DATED 17.11.2015 ISSUED BY THE 3RD RESPONDENT EXT.P-12:

TRUE COPY OF THE SELECTION NOTICE BEARING NO.AB4 (2) 8469/2015 - 16 DATED 26.11.2015 ISSUED BY THE 2ND RESPONDENT EXT.P-13:

TRUE COPY OF THE SELECTION NOTICE BEARING NO.AB4 (2) 3745/2015 - 16 DATED 26.11.2015 ISSUED BY THE 2ND RESPONDENT EXT.P-14:

TRUE COPY OF THE SELECTION NOTICE BEARING NO.AB4 (2) 3648/2015 DATED 26.11.2015 ISSUED BY THE 2ND RESPONDENT .....2/-

..2..

EXT.P-15:

TRUE COPY OF THE ORDER G.O(P) NO.429/15/FIN. DATED 28.9.2015 ISSUED BY THE GOVERNMENT EXT.P-16:

TRUE COPY OF THE REPRESENTATION DATED 30.11.2015 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT EXT.P-17:

TRUE COPY OF THE REPRESENTATION DATED 7.12.2015 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT EXT.P-18:

TRUE COPY OF THE JUDGEMENT DATED 8.12.2015, IN WPC NO.36220/2015 OF THIS HON'BLE COURT.

RESPONDENT(S)' EXHIBITS NIL.

/ TRUE COPY / P.S. TO JUDGE

A.MUHAMED MUSTAQUE, J.

***************************************************************************** W.P.(C) No.39875 of 2015 ****************************************************************************** Dated this the 23rd day of December, 2015

JUDGMENT

The petitioner has been selected for award of the work as per Exts.P5 to P14. The petitioner has to furnish security deposit. The petitioner is also entitled for the payment from respondents 2 and 3. Exts.P1 to P4 would show that the petitioner is entitled for the amount.

In that view of the matter, the amount payable by the petitioner as per Exts.P5 to P14 shall be adjusted from the amount due to him as per Exts.P1 to P4. In the light of the above, the third respondent shall enable to execute the agreement based on such adjustment. The time for executing the agreement without time is extended by two 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 ln