Petitioner, a claimant for outstanding government dues, sought leave to adjust said amount against the Earnest Money Deposit for new tenders. Court disposed of the petition directing the respondent to consider the adjustment request.
Directing the 1st respondent to consider the petitioner's request for adjustment of dues against the EMD for new tenders.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE ANTONY DOMINIC
TUESDAY, THE 24TH MARCH 2009 / 3RD CHAITHRA 1931
W.P(C).No. 8823 of 2009(W)
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PETITIONER(S):
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K.A.JELTON, GOVT.CONTRACTOR, KIZHAKKEVEETTIL HOUSE, KANNAMALY.PO,KOCHI-8.
BY ADV. SRI.BABU JOSEPH KURUVATHAZHA SRI.K.I.SAGEER
RESPONDENT(S):
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1. THE SUPERINTENDING ENGINEER, IRRIGATION CENTRAL CIRCLE,THRISSUR.
2. THE EXECUTIVE ENGINEER, IRRIGATION DIVISION, ERNAKULAM.
GOVT. PLEADER, SRI. P.N. SANTHOSH
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
ANTONY DOMINIC, J. ================ W.P.(C) NO. 8823 OF 2009 (W)
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Dated this the 24th day of March, 2009
J U D G M E N T
Petitioner claims to be a contractor. According to him, for having executed the work of Anti Sea Erosion Work of the Reformation and raising of damaged and sunken sea wall from Ch.15720 m to 16283 m between CP Stone 4346 and 4349 North of Velankanny Church in Chellanam island and Anti Sea Erosion Work of the Reformation of damaged sea wall from Ch.12800 m to 13511 m between CP Stone 4337 and 4340 at Kandakkadavu
in Chellanam Island - Part I- Reformation of sea wall from Ch.12800 m to 12900 m and Ch.12930 m to 13070 m (240 m), an amount of Rs.44 lakhs is due to him from the 2nd respondent.
WPC 8823/09
:2 :
amount due to him from the 2nd respondent. According to the petitioner, there has not been any response to Ext.P4. Petitioner is also relying on Exts.P5 to P8 judgments rendered by this Court directing adjustment towards EMD in similar circumstances.
Petitioner may produce a copy of this judgment before the 1st respondent for compliance.
ANTONY DOMINIC, JUDGE
Rp
1 issue framed by the court
Whether the petitioner is entitled to adjust the outstanding dues from a government award against the Earnest Money Deposit required for participating in new tenders.
K.A.JELTON
SUPERINTENDING ENGINEER, IRRIGATION CENTRAL CIRCLE, THRISSUR
EXECUTIVE ENGINEER, IRRIGATION DIVISION, ERNAKULAM
ANTONY DOMINIC
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
