The High Court of Kerala granted relief to the petitioner, a P.W.D contractor, directing the Superintending Engineer to decide on a request for the release of security deposit within three weeks.
Direction to the 3rd respondent to decide on Ext.P2 within three weeks after notice.
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 A.MUHAMED MUSTAQUE
FRIDAY, THE 15TH DAY OF JANUARY 2016/25TH POUSHA, 1937
W.P(C).No. 405 of 2016 (A)
PETITIONER :
A.M.ILLYAS, S/O. MUHAMMED A.T, P.W.D CONTRACTOR, BEVINJA P.O ., THEKKIL FERRY, KASARGODE DISTRICT.
BY ADV. SRI.U.K.DEVIDAS
RESPONDENTS :
1. THE EXECUTIVE ENGINEER, OFFICE OF THE EXECUTIVE ENGINEER, HARBOUR ENGINEERING DIVISION(NORTH CIRCLE), PUTHIYAPPA, PUTHIYANGADI P.O, KOZHIKODE-673 021.
2. THE ASSISTANT EXECUTIVE ENGINEER, OFFICE OF THE EXECUTIVE ENGINEER , HARBOUR ENGINEERING DIVISION(NORTH CIRCLE), PUTHIYAPPA, PUTHIYANGADI P.O, KOZHIKODE-673 021.
3. THE SUPERINTENDING ENGINEER, OFFICE OF THE SUPERINTENDING ENGINEER, HARBOUR ENGINEERING DIVISION(NORTH CIRCLE), PUTHIYAPPA, PUTHIYANGADI P.O, KOZHIKODE-673 021.
BY GOVERNMENT PLEADER : SMT. C.K. SHERIN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15-01-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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W.P(C).No. 405 of 2016 (A)
APPENDIX
PETITIONER'S EXHIBITS
RESPONDENTS EXHIBITS : NIL
//TRUE COPY//
P.A. TO JUDGE
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A. MUHAMED MUSTAQUE, J.
----------------------------------------------------W.P.(C).No. 405 of 2016
Dated this the 15th day of January, 2016
JUDGMENT
The petitioner has completed the work awarded to him
as per Ext.P1. The petitioner approached the 3rd respondent
for the release of the security deposit. Ext.P2 is the request.
In that view of the matter, there shall be a direction to
the 3rd respondent to take a decision on Ext.P2 within a period
of three weeks after issuing notice to the petitioner.
The writ petition is disposed of as above.
Sd/-
A. MUHAMED MUSTAQUE JUDGE
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2 issues framed by the court
Whether the petitioner is entitled to the release of the security deposit after completing the work.
Whether the 3rd respondent must decide on the petitioner's representation regarding the security deposit within three weeks.
A.M. Ilyas
The Executive Engineer
The Assistant Executive Engineer
The Superintending Engineer
A.Muhamed Mustaque
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
