Allowed

K.K.Sajeevan, v. State of Kerala

Kerala HC4 Feb 2019WP(C)/3166/2019

Case brief

AI extract

What is this about?

This writ petition sought a direction to adjust dues against a security deposit and to consider a representation. The single judge directed adjustment of admitted dues and ordered the respondent to pass orders on the representation within two weeks.

What did the court decide?

Direction to adjust dues against security deposit; direction to respondent to pass orders on representation within two weeks; extension of execution time by three weeks.

K.K.Sajeevan, Vs State of Kerala — Service and Employment | 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 MRS. JUSTICE ANU SIVARAMAN

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MONDAY ,THE 04TH DAY OF FEBRUARY 2019 / 15TH MAGHA, 1940

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WP(C).No. 3166 of 2019

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PETITIONER:

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K.K.SAJEEVAN, AGED 52 YEARS S/O.GOVINDAN, P.W.D.CONTRACTOR, ANJANAM VALAYIL, POST KEEZHALLUR, KANNUR DISTRICT.

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BY ADV. SRI.C.M.MOHAMMED IQUABAL

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RESPONDENTS:

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1 STATE OF KERALA, REPRESENTED BY THE SECRETARY TO THE PUBLIC WORKS DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN-695001.

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2 THE SUPERINTENDING ENGINEER, KERALA PUBLIC WORKS DEPARTMENT BUILDINGS, NORTH CIRCLE, PWD COMPLEX, KOZHIKODE, PIN-670612.

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3 THE EXECUTIVE ENGINEER, OFFICE OF THE EXECUTIVE ENGINEER, PWD ROADS DIVISION WAYANAD, KALPATTA, WAYANAD DISTRICT, PIN-673122.

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ADV.B VINITHA, GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04.02.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 3166 of 2019 2

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JUDGMENT

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The writ petition is filed seeking the

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following reliefs :-

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i) Issue a Writ of Mandamus or any other appropriate writ, order or direction directing the respondents to adjust the amount as per Ext.P4 certificate against the security deposit and performance guarantee directed to be produced by the petitioner against the new work awarded to him by virtue of Ext.P1 order.

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ii) Issue a Writ of Mandamus or any other appropriate writ, order or direction directing the 2^nd respondent to consider and pass appropriate orders on Ext.P5 representation within a time stipulated by this Hon'ble Court.

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Heard the learned counsel for the

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petitioner and the learned Government

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Pleader.

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It is submitted by the learned counsel

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for the petitioner that amounts are due to

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the petitioner which is evidenced by Ext.P4

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certificate. It is submitted that seeking adjustment of the said amounts against the

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WP(C).No. 3166 of 2019 3

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amount payable by the petitioner as security deposit and performance guarantee pursuant to Ext.P1, the petitioner has preferred Ext.P5 representation before the 2nd respondent.

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Having heard the learned counsel for the petitioner and the learned Government

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Pleader, I am of the opinion that the

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amounts admittedly due to the petitioner are liable to be adjusted towards the amounts payable as per Ext.P1 communication.

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There will accordingly be a direction to the second respondent to take up, consider and pass an appropriate order on Ext.P5 representation preferred by the petitioner, taking note of Ext.P4 certificate issued. Orders shall be passed within a period of two weeks from the date of receipt of a copy of

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this judgment. The time specified in Ext.P1 for executin g the agreement will stand

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WP(C).No. 3166 of 2019 4

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extended by three weeks from the date of receipt of a copy of this judgment.

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The Writ Petition is ordered accordingly.

SD/-

ANU SIVARAMAN

ACM / 4.02.2019

JUDGE

WP(C).No. 3166 of 2019 5

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXHIBIT P1 THE TRUE COPY OF THE COMMUNICATION ISSUED BY THE 2ND RESPONDENT DATED 10.10.2018.

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EXHIBIT P2 THE TRUE COPY OF THE CERTIFICATE ISSUED BY THE 4TH RESPONDENT DATED 12.11.2018.

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EXHIBIT P3 THE TRUE COPY OF THE JUDGMENT IN W.P. (C) NO.37271/2018 OF THIS HON'BLE COURT DATED 12.12.2018.

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EXHIBIT P4 THE TRUE COPY OF THE CERTIFICATE ISSUED BY THE 3RD RESPONDENT DATED 30.1.2019.

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EXHIBIT P5

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THE TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 20.12.2018.

K.K.Sajeevan, v. State of Kerala

Case brief

What is this about?

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K.K.Sajeevan, v. State of Kerala

Case brief

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