Disposed

Gireesan v. State of Kerala & Others

Kerala HC18 Nov 2011WP(C)/24680/2011

Case brief

AI extract

What is this about?

Petitioner, a contractor, filed a writ petition for the payment of `2 lakhs due for urgent restoration work under a 2010 agreement. The representation was pending consideration by the third respondent. The High Court directed the third respondent to consider the case and pay the due amount within six weeks.

What did the court decide?

Third respondent directed to consider the representation and pay the due amount without further delay within six weeks.

Gireesan Vs State of Kerala & Others — Contract and Commercial Disputes | 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 ANTONY DOMINIC

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FRIDAY, THE 18TH NOVEMBER 2011 / 27TH KARTHIKA 1933

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WP(C).No. 24680 of 2011(H)

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

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PETITIONER:

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

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GIREESAN, T.C.36/796, LEKHA BHAVAN, PERUMTHANNI, VALLAKKADAVU P.O., TRIVANDRUM-09

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BY ADV. SRI.AJITH KRISHNAN.

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RESPONDENTS:

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

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

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2. CHIEF ENGINEER, PUBLIC WORKS DEPARTMENT ROADS & BRIDGES, PUBLIC OFFICE, TRIVANDRUM - 695 033.

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3. THE EXECUTIVE ENGINEER, PUBLIC WORKS DEPARTMENT ROADS DIVISION, PMG, TRIVANDRUM-695 033.

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

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R1 TO R4 BY GOVT. PLEADER SRI. JOSEPH GEORGE.

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/11/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C).NO.24680/2011-H:

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APPENDIX

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PETITIONER'S EXHIBITS:-

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EXT.P.1: COPY OF THE RELEVANT PAGES OF MEASUREMENT BOOK SUBMITTED BY THE ASSISTANT ENGINEER TO THE R.4.

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EXT.P.2: COPY OF THE REPRESENTATION DTD. 08/06/2011 TO THE RESPONDENTS.

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RESPONDENT'S EXHIBITS:- NIL.

//TRUE COPY//

P.A. TO JUDGE

Prv.

ANTONY DOMINIC, J.

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W.P.(C) No. 24680 of 2011 H

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Dated this the 18^th day of November, 2011

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J U D G M E N T

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~ ~ ~ ~ ~ ~ ~ ~ ~ ~

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Petitioner is a contractor, who undertook the work of D/W APDRP urgent restoration work due to laying of 11 KV U.G. cable by KSEB in Sreekaryam to Pothencode road KM 0/550 to 2/600. Pursuant to an agreement dated 30.01.2010, total bill amount is `2 lakhs which has not been paid to the petitioner. Ext.P1 is the copy of the measurement book concerning the work in question and Ext.P2 is the representation made by the petitioner before the third respondent, seeking payment of the amount due. Neither the representation has been considered nor the payment has been made. That led the petitioner to file this writ petition.

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Since the matter is still pending consideration of the third respondent, it is for him to consider and pass orders on the claim of the petitioner, in the light of Ext.P1.

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W.P.(C) No.24680/2011

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: 2 :

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This, the third respondent shall do, at any rate, within six weeks from the date of production of a copy of this judgment along with a copy of the writ petition, and the amount due shall be paid without any further delay in the matter.

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Writ petition is disposed of as above.

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Sd/- (ANTONY DOMINIC, JUDGE)

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aks/18/11

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// True Copy //

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P.A. To Judge

Gireesan v. State of Kerala & Others

Case brief

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Gireesan v. State of Kerala & Others

Case brief

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