Partly allowed

A.Sasikumar v. State of Kerala

Kerala HC3 Mar 2020WP(C)/844/2020

Case brief

AI extract

What is this about?

In a writ petition, the court directed the Chief Engineer to consider the petitioner's representation regarding the release of due bill amount and performance security deposit for a work contract, ensuring the petitioner is heard before passing orders.

What did the court decide?

Direction to the 3rd respondent to consider the petitioner's representation and pass appropriate orders on it within six weeks, after hearing the petitioner.

A.Sasikumar Vs State of Kerala — Contract and Commercial Disputes | Kerala HC (2020)

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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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TUESDAY, THE 03RD DAY OF MARCH 2020 / 13TH PHALGUNA, 1941

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WP(C).No.844 OF 2020(E)

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PETITIONER:

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A.SASIKUMAR AGED 68 YEARS S/O. APPUKUTTAN PILLAI, SASEENDRAM, APRA-49, TC 50/305 (4), KALADY, KARAMANA P.O, THIRUVANANTHAPURAM-695 002

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BY ADV. SRI.AJITH KRISHNAN

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RESPONDENTS:

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1 STATE OF KERALA REPRESENTED BY CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.

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2 THE SECRETARY, PUBLIC WORKS DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001

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3 THE CHIEF ENGINEER, PUBLIC WORKS DEPARTMENT (BUILDINGS), THIRUVANANTHAPURAM-695 033.

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4 THE SUPERINTENDING ENGINEER, PWD BUILDINGS, SOUTH CIRCLE, THIRUVANANTHAPURAM-695 033

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5 THE EXECUTIVE ENGINEER, PWD BUILDINGS DIVISION, THIRUVANANTHAPURAM-695 033.

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6 ADDITIONAL CHIEF SECRETARY, FINANCE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001

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WP(C).No.844 OF 2020(E)

BY ADV.

GP SMT VINEETHA.

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03.03.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.844 OF 2020(E)

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JUDGMENT

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The petitioner has approached this Court seeking direction to respondents to sanction and disburse the bill amount and performance security deposit in respect of a work alloted to him. The learned counsel for the petitioner submits that amounts are due under Ext.P1 and that Ext.P2 representation has been preferred by the petitioner before the 3^rd respondent pointing out the factual aspects of the matter and seeking release of amounts.

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The learned Government Pleader submits that since Ext.P2 representation was already made by the petitioner the same can be considered by the 3^rd respondent accordingly.

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Accordingly, there will be a direction to the 3^rd respondent to take up, consider and pass appropriate orders on Ext.P2 representation preferred by the petitioner. The petitioner shall be put on notice and heard before orders are passed. In case any amounts are found due to the petitioner, the same shall be released without delay. Orders shall be as directed above within a period of six weeks from the da te of receipt of a copy of the judgment.

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Sd/ANU SIVARAMAN JUDGE

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SCS

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WP(C).No.844 OF 2020(E)

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE SELECTION NOTICE NO. D2/PWD(B) SC-TVM/2342/PRICE/2016, DATED 30.05.2017, WAS ISSUED TO THE PETITIONER BY THE 3RD RESPONDENT.

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EXHIBIT P2 TRUE COPY OF THE REPRESENTATION DATED 18.12.2019, SUBMITTED BY THE PETITIONER BEFORE 3RD RESPONDENT.

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//TRUE COPY// PA TO JUDGE

A.Sasikumar v. State of Kerala

Case brief

What is this about?

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A.Sasikumar v. State of Kerala

Case brief

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