, the High Court of Kerala dismissed a writ petition filed by Top Constructions as withdrawn, granting liberty to the petitioner to participate in the associated civil suit proceedings before the Sub Court, Calicut.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
FRIDAY, THE 28TH DAY OF OCTOBER 2016/6TH KARTHIKA, 1938
WP(C).No. 1864 of 2014 (G)
PETITIONER(S):
TOP CONSTRUCTIONS, TOPS MANOR, PANAVELI P.O., KOTTARAKKARA, (REPRESENTED BY MANAGING PARTNER).
BY ADV. SRI.S.A.RAZZAK
RESPONDENT(S):
1. SUPERINTENDING ENGINEER, HARBOUR ENGINEERING, NORTH CIRCLE, CHAKKORATHUKULAM, ELANJIPALAM P.O., KOZHIKODE-673 006.
2. CHIEF ENGINEER,
HARBOUR ENGINEERING DEPARTMENT, KAMALESWARAM, MANACAUD P.O., THIRUVANANTHAPURAM-695 009.
3. EXECUTIVE ENGINEER, HARBOUR ENGINEERING DIVISION, KANNUR-670 017.
4. GOVERNMENT OF KERALA, REPRESENTED BY ITS PRINCIPAL SECRETARY, PORTS DEPARTMENT, GOVT. SECRETARIAT, THIRUVANANTHAPURAM-695 001.
BY GOVERNMENT PLEADER SRI.RON BASTIAN
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28-10-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
msv/
SHAJI P. CHALY, J.
W.P.(C). NO. 1864 OF 2014
Dated this the 28th day of October, 2016
JUDGMENT
This writ petition is filed by the petitioner challenging the actions initiated pursuant to a works contract. Now, I.A. No. 16328/2016 is filed seeking to withdraw the writ petition,
without prejudice to participate in the proceedings in O.S. No.135/2015 before the Sub Court, Calicut.
Therefore, this writ petition is dismissed as withdrawn leaving open the liberty of the petitioner to participate in the suit proceedings specified above.
SHAJI P. CHALY JUDGE
DCS
2 issues framed by the court
Whether the writ petition should be allowed withdraw on giving liberty to participate in civil suit.
Whether liberty granted to petitioner to participate in O.S. No.135/2015 should be recorded.
Top Constructions
Superintending Engineer, Harbour Engineering
Chief Engineer, Harbour Engineering Department
Executive Engineer, Harbour Engineering Division
Government of Kerala
Shaji P. Chaly
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
