M/S.K.T.Mathew v. State of Kerala
Case brief
What is this about?
The Court set aside an order issued by the Superintending Engineer to a petitioner regarding a security deposit for a bridge construction project, holding that it was unsound because a different officer passed the order than the one directed to hear the petitioner by a prior judgment.
What did the court decide?
The impugned order (Ext.P10) is set aside. The 2nd respondent is directed to hear the petitioner and pass appropriate orders within one month.
What the court decided
A compact analysis
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 MRS. JUSTICE ANU SIVARAMAN
THURSDAY ,THE 13TH DAY OF SEPTEMBER 2018 / 22ND BHADRA, 1940
WP(C).No. 5963 of 2018
PETITIONER:
M/S.K.T.MATHEW AND COMPANY KOCHUMUTTOM CONSTRUCTIONS, AVOLY P.O., MUVATTUPUZHA - 686 670, REPRESENTED BY ITS MANAGING PARTNER.
BY ADVS. SRI.MURALI PURUSHOTHAMAN
SRI.DEEPU LAL MOHAN SMT. LEENA MURALI SRI.K.S.PRENJITH KUMAR
RESPONDENT/S:
1 STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT,PUBLIC WORKS DEPARTMENT, GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM - 695 001.
Issues for consideration
2 issues framed by the court
Whether an order passed by the Superintending Engineer is liable to be set aside if it was issued by an officer different from the one who heard the petitioner, despite a prior court direction for a h
What is the scope of the writ petition to quash the impugned order and direct the 2nd respondent to hear the petitioner and pass appropriate orders?
Parties & counsel
- petitioner
M/S.K.T.Matthew And Company Kochumuttom Constructions
- respondent
State Of Kerala Represented By The Principal Secretary To Government,Public Works Department
- respondent
The Superintending Engineer Public Works Department, Roads And Bridges, South Circle
- respondent
The Executive Engineer Public Works Department,Roads Division, Kottayam
Coram
Case details
As recorded by the court registry
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