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Narayanan a. v. the Member Secretary,Ksrrda

Kerala HC15 Jul 2019WP(C)/14136/2019

Case brief

AI extract

What is this about?

In a writ petition perfecting maintenance payment, the Court directed the respondents to release the pending amount to the petitioners designated bank account, Dhanalaxmi Bank, within one month as the existing power of attorney was not revoked.

What did the court decide?

Directed respondents to release the due amount to Dhanalaxmi Bank within one month of receiving this judgment.

Narayanan a. Vs the Member Secretary,Ksrrda — Contract and Commercial Disputes | Kerala HC (2019)

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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 SHAJI P.CHALY

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MONDAY, THE 15TH DAY OF JULY 2019 / 24TH ASHADHA, 1941

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WP(C).No.14136 of 2019

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PETITIONER/S:

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NARAYANAN A.,AGED 69 YEARS S/O. KRISHNAN NAIR, KALLUVAYAL HOUSE, THARUVANA POST, MANANTHAWADY,WAYAND-670 732

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BY ADVS. SRI.N.M.MADHU SMT.C.S.RAJANI

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RESPONDENT/S:

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1 THE MEMBER SECRETARY,KSRRDA, KSRRDA,5TH FLOOR, SWARAJ BHAVAN, KAUDIAR P.O., NANTHANKODE, THIRUVANANTHAPURAM-695 003

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2 THE SUPERINTENDENT ENGINEER, KSRRDA, THIRUVANANTHAPURAM-695 001

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3 THE EXECUTIVE ENGINEER, PROGRAMME IMPLEMENTATION UNIT (PMGSY),DISTRICT PANCHAYATH WAYANAD,2ND FLOOR, IOB BUILDING, NORTH KALPETTA P.O-673 122

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OTHER PRESENT:

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SMT.PRINCY XAVIER, GP.

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15.07.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C). No. 14136 of 2019

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-2-

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JUDGMENT

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The petitioner is a contractor engaged by the respondents. The grievance of the petitioner is that, work was completed and the amounts are released. However, maintenance amount retained by the respondents for the third year is not released to the petitioner. It is thus seeking appropriate direction, this writ petition is filed.

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Heard the learned counsel for the petitioner and the learned Government Pleader and also perused the pleadings and documents on record.

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The learned Government Pleader has pointed out that the petitioner has granted a power of attorney to the 'Dhanalaxmi Bank' for receipt of the amount and the said power of attorney is not so far revoked. In that view of the matter, there is no objection for the respondents to release the amount to the power of attorney holder.

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In that view of the matter, there will be direction to the competent among respondents to release the amounts due as

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W.P.(C). No. 14136 of 2019

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is prescribed under the head above to the 'Dhanalaxmi Bank' at

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the earliest and at any rate within a month from the date of

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receipt of a copy of this judgment.

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The writ petition is disposed of as above.

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Sd/-

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SHAJI P.CHALY JUDGE

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das

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-4-

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W.P.(C). No. 14136 of 2019

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE REQUEST FOR THE FUND MADE BY THE THIRD RESPONDENT TO THE FIRST RESPONDENT ON 05.04.2019

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EXHIBIT P2 TRUE COPY OF THE LETTER DATED 06.05.2019 SUBMITTED BY THE PETITIONER TO THE SECOND RESPONDENT

Narayanan a. v. the Member Secretary,Ksrrda

Case brief

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Narayanan a. v. the Member Secretary,Ksrrda

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