Disposed

Santhosh S v. State of Kerala

Kerala HC10 Jun 2011WP(C)/10942/2011

Case brief

AI extract

What is this about?

Writ petition filed by a contractor seeking mandamus to compel respondents to credit funds and pay dues for urgent maintenance work at a Teachers Training College. Respondents acknowledged delay due to missing documents, promised disbursement within two months, leading to disposal.

What did the court decide?

Disposal of the writ petition recording the submission that the respondents will effect disbursement within two months; no other relief granted.

Santhosh S Vs State of Kerala — Public Procurement and Tenders | Kerala HC (2011)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT :

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THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON

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FRIDAY, THE 10TH JUNE 2011 / 20TH JYAISHTA 1933

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WP(C).No. 10942 of 2011(P)

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

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PETITIONER:

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SANTHOSH.S, CONTRACTOR, KRISHNAVILAS, T.C 16/795, JAGATHY, THIRUVANANTHAPURAM - 695 014.

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BY ADV. MR. AJITH KRISHNAN

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RESPONDENTS:

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

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THE CHIEF ENGINEER, PUBLIC WORKS DEPARTMENT, BUILDINGS AND LOCAL WORKS, PUBLIC OFFICE BUILDING, THIRUVANANTHAPURAM - 695 033.

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THE EXECUTIVE ENGINEER, PUBLIC WORKS DEPARTMENT, BUILDINGS DIVISION, THIRUVANANTHAPURAM -695 033.

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THE ASSISTANT EXECUTIVE ENGINEER, PUBLIC WORKS DEPARTMENT, BUILDING SUB DIVISION, THIRUVANANTHAPURAM - 695 033.

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BY GOVERNMENT PLEADER MR. M. H. HANIL KUMAR

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C) 10942 OF 2011

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APPENDIX

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PETITIONERS EXHIBITS :

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EXT. P1 :	TRUE COPY OF THE LETTER ISSUED BY THE SUPERINTENDING ENGINEER BUILDINGS AND LOCAL WORKS SOUTH CIRCLE TO THE 2ND RESPONDENT TO ACCEPT THE QUOTED RATE AT ESTIMATE RATE.
EXT. P2	TRUE COPY OF THE LETTER NO. A2/514/07 - 2008 DATED 18.02.2008 ISSUED BY THE PRINCIPA GOVERNMENT COLLEGE OF TEACHER EDUCATION TO THE 3RD RESPONDENT.
EXT.P3	TRUE COPY OF THE REPRESENTATION DATED 10.02.2011 SUBMITTED BY THEPETITIONER BEFORE THE RESPONDENTS.

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/TRUE COPY/

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P.A. TO JUDGE

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P.R. RAMACHANDRA MENON J.

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W.P (C) No. 10942 of 2011

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Dated, this the 10^th June , 2011

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JUGMENT

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The petitioner has approached this Court the following prayers :

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i. Issue a writ of mandamus or writ of similar nature or order or direction commanding the respondents to issue Special letter of credit for Rs. 1,75,000/- (Rupees one lakh and sevently five thousand only) and to pay the same amount due to the petitioner with respect to the urgent maintenance works at Teachers Training College, Thiruvananthapuram in connection with the visit of NAAC Team forthwith.

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ii. To issue a writ of mandamus or writ of similar nature or order or direction commanding the respondents to pay the interest at the rate of 15 % on the amount due to the petitioner forthwith.

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iii. Issue such other reliefs as this Hon'ble Court may deem fit and proper in the interest of justice.

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The learned counsel for the petitioner submits that, as per

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Ext. P2, the entire amount stands deposited and despite completion of

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the work, the amount due to the petitioner is not disbursed.

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The learned Government Pleader appearing for the respondents submits that delay was never willful, but because of missing of some documents and after taking earnest efforts, the same have been traced out and forwarded to the authorities concerned for further steps so as to enable the disbursement. It is also stated that the

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W.P. (C) No. 10942 of 2011

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: 2 :

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proceedings as above will be completed and disbursement will be effected to the petitioner within 'two months'.

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In the said circumstances, no further orders are warranted in this writ petition and the writ petition is disposed of, recording the submission as aforesaid.

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P. R. RAMACHANDRA MENON, JUDGE

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kmd

Santhosh S v. State of Kerala

Case brief

What is this about?

What did the court decide?

Santhosh S v. State of Kerala

Case brief

What is this about?

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