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Mohammed Kaleel, v. State of Kerala

Kerala HC11 Feb 2019WP(C)/899/2019

Case brief

AI extract

What is this about?

This writ petition seeks directions for the release of a security deposit furnished for completed works after the defect liability period. The court directed the respondents to process the release application within one month and pay due amounts within two months.

What did the court decide?

Direction to respondents to consider the petitioner's application for release of security deposit within one month and release dues within two months.

Mohammed Kaleel, 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 11TH DAY OF FEBRUARY 2019 / 22ND MAGHA, 1940

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WP(C).No. 899 of 2019

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PETITIONER/S:

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MOHAMED KALEEL, PROPRIETOR, FATHIMA ENTERPRISES, GROUND FLOOR, NANDAVANAM ROAD, PALAYAM, THIRUVANANTHAPURAM-695 033.

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BY ADVS. SRI.AJITH KRISHNAN SRI.V.P.RAMESAN

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RESPONDENT/S:

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1 STATE OF KERALA, REPRESENTED BY PRINCIPAL SECRETARY,PUBLIC WORKS DEPARTMENT,GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.

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2 THE CHIEF ELECTRICAL ENGINEER, PWD ELECTRICAL WING, PUBLIC OFFICE, NANDAVANAM, MUSEUM ROAD, THIRUVANANTHAPURAM-695 033.

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OTHER PRESENT:

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GP B VINITHA

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11.02.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 899 of 2019

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JUDGMENT

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This writ petition is filed seeking directions

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to the respondents to release the security deposit

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which was furnished as treasury savings deposit with respect to the works as evidenced by Exts.P1 to P5

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documents. It is submitted that the works have been successfully completed and that the defect liability period is also over.

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instructions, would submit that an application has to be preferred by the petitioner for release of the security deposit, after the defect liability period expires. The learned counsel for the petitioner

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submits that such an application will be submitted before the competent among the respondents, immediately.

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In the above view of the matter, this writ

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petition is disposed of with a direction that in case the petitioner approaches the respondents with an appropriate application for release of the

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WP(C).No. 899 of 2019 3

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security deposit, the same shall be taken up and orders passed thereon without delay, at any rate, within a period of one month from the date of receipt of a copy of this judgment. The amounts found due shall be released to the petitioner within

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a period of two months thereafter.

Sd/-

ANU SIVARAMAN

sab

JUDGE

WP(C).No. 899 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 COMPLETION CERTIFICATE DATED 12.4.2004 ISSUED BY THE EXECUTIVE ENGINEER CONSTRUCTION DIVISION, THIRUVANANTHAPURAM EXHIBIT P2 TRUE COPY OF THE COMPLETION CERTIFICATE DATED 11.11.2011 ISSUED BY THE EXECUTIVE ENGINEER PWD ELECTRICAL DIVISION, THRISSUR EXHIBIT P3 TRUE COPY OF THE SELECTION NOTICE NO EL4/64889/C/02 DATED 30.12.2005 TO THE PETITIONER ISSUED BY THE SUPERINTENDING ENGINEER (ELECTRICAL ) THIRUVANANTHAPURAM EXHIBIT P4 TRUE COPY OF THE APPLICATION FOR RELEASE OF SECURITY DEPOSIT RECOMMENDED BY THE EXECUTIVE ENGINEER PWD ELECTRICAL DIVISION EXHIBIT P5 TRUE COPY OF THE APPLICATION FOR RELEASE SECURITY DEPOSIT RECOMMENDED BY THE SUPERINTENDING ENGINEER PWD ELECTRICAL WING, THIRUVANANTHAPURAM EXHIBIT P6 TRUE COPY OF THE REPRESENTATION DATED 12.6.2018 BEFORE 2ND RESPONDENT

Mohammed Kaleel, v. State of Kerala

Case brief

What is this about?

What did the court decide?

Mohammed Kaleel, v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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