Disposed
Jacob Japasingh v. State of Kerala
Kerala HCWP(C)/29675/2018
Case brief
from the order text
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COURT OF KERALA AT ERNAKULAM PRESENT THE…
What the court decided
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
THURSDAY ,THE 15TH DAY OF NOVEMBER 2018 / 24TH KARTHIKA, 1940
WP(C).No. 29675 of 2018
PETITIONERS:
1 JACOB JAPASINGH, AGED 68 YEARS, S/O ISSAC, CHERUKARI HOUSE, T.C 5/2385, KOWDIAR, PEROORKADA VILLAGE, THIRUVANANTHAPURAM TALUK, THIRUVANANTHAPUTAM DISTRICT
2 BINDHYA JACOB, AGED 37 YEARS D/O.VIOLET SAROJAM, CHERUKARI HOUSE, TC.5/2385,KOWDIAR, PEROORKADA VILLAGE, THIRUVANANTHAPURAM TALUK, THIRUVANANTHAPURAM REP.BY THE POWER OF ATTORNEY HOLDER JACOB JAPASINGH, S/O.ISSAC, CHERUKARI HOUSE, T.C.5/2385,KOWDIAR, PEROORKADA VILLAGE, THIRUVANANTHAPURAM TALUK, THIRUVANATHAPURAM.
BY ADVS. AYSHAMMA ABRAHAM SRI.ZAKEER HUSAIN M.K.
RESPONDENT/S:
1 STATE OF KERALA REPRESENTED BY GOVT.PRINCIPAL SECRETARY, PUBLIC WORKS DEPARTMENT, GOVT.SECRETARIAT, THIRUVANANTHAPURAM 695001
W.P.(C)No.29675 of 2018
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SRI.SAIGI JACOB PALATTY,SR.GOVT.PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15.11.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C)No.29675 of 2018
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ALEXANDER THOMAS,J. ===========================
W.P.(C)No.29675 of 2018
===========================
Dated this the 15th day of November,2018
J U D G M E N T
The prayers in the above Writ Petition
(Civil) are as follows:
i. “To issue a writ of Mandamus or such other appropriate writ, order or direction directing the respondents to deposit an amount of Rs.35,56,421/- forthwith as per Exhibit P5 and P6 and allow the petitioners to release the same.
ii. To order costs of the proceedings under Rule 157 of the Kerala High Court Rules.
Iii. To issue any other order, appropriate in the circumstances of the case.”
counsel appearing for the petitioner and
Sri.Saigi Jacob Palatty, learned Senior
W.P.(C)No.29675 of 2018
Government Pleader appearing for the
respondents.
would submit that this Court in similar cases
as in judgment dated 12.04.2017, W.P. (C)No.11504/2017 has directed that the respondents, more particularly the State Government, should release 30% of the due amounts to the party concerned within two months and the balance in four equated monthly installments succeeding to the first monthly installment etc.
respondent-Executive Engineer has already addressed the Principal Secretary/Additional Chief Engineer of the Public Works Department of the 1st respondent to release the amounts
W.P.(C)No.29675 of 2018
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without any further delay.
W.P.(C)No.29675 of 2018
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herein above.
With these observations and directions the above said Writ Petition (Civil) will stand finally disposed of.
Sd/-
ALEXANDER THOMAS
JUDGE
PR/15.11.2018
W.P.(C)No.29675 of 2018
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APPENDIX
PETITIONERS EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE DECREE AND JUDGMENT IN LAR NO.261 OF 2011 BEFORE THE II ADDITIONAL SUB COURT, THIRUVANANTHAPURAM.
EXHIBIT P2 TRUE COPY OF THE PROCEEDINGS OF THE 1ST RESPONDENT DATED 9.2.2017.
EXHIBIT P3 TRUE COPY OF THE PROCEEDINGS OF THE 1ST RESPONDENT DATED 02.11.2017 ALONG WITH LEGAL OPINION OF SENIOR GOVERNMENT PLEADER DATED 08.3.2017.
EXHIBIT P4 TRUE COPY OF THE LETTER DATED 07.11.2017 ISSUED BY THE SPECIAL TAHSILDAR TO THE 2ND RESPONDENT.
EXHIBIT P5 TRUE COPY OF THE LETTER DATED 16.4.2018 ISSUED BY THE 2ND RESPONDENT TO THE SENIOR FINANCE OFFICER ALONG WITH LEGAL OPINION OF SPECIAL GOVERNMENT PLEADER DATED 04.4.2018.
EXHIBIT P6 TRUE COPY OF THE LETTER DATED 19.4.2018 ISSUED BY THE CHIEF ENGINEER OF PWD DIVISION, THIRUVANATHAPURAM TO THE GOVERNMENT PRINCIPAL SECRETARY TO PUBLIC WORKS DEPARTMENT.
1 issue framed by the court
Whether the writ petition should be disposed of based on the exhaustion of remedies and the specific relief granted in previous similar cases.
Colour shows how this judgement treated each authority
W.P. (C) No. 11504/2017Distinguished¶36
JACOB JAPASINGH
BINDHYA JACOB
STATE OF KERALA REPRESENTED BY GOVT.PRINCIPAL SECRETARY, PUBLIC WORKS DEPARTMENT
THE EXECUTIVE ENGINEER, PWD DIVISION, THIRUVANANTHAPURAM
ALEXANDER THOMAS
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court