Petitioner challenged loss of bill seniority due to a defect not attributable to him. The Court was satisfied by the respondent's submission that seniority would not be affected and closed the petition.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR TUESDAY, THE 7TH DAY OF SEPTEMBER 2021 / 16TH BHADRA,
1943
WP(C) NO. 17746 OF 2021
PETITIONER/S:
SIRLY JOSE, AGED 56 YEARS, S/O. JOSE, VALIYAPARAMBIL HOUSE, P.W.D CONTRACTOR, THACHAMPARA POST, MANNARKAD, PALAKKAD DISTRICT,PIN-678 593
BY ADV C.A.JOJO
RESPONDENT/S:
2 THE EXECUTIVE ENGINEER, MINOR IRRIGATION CIRCLE, MINI CIVIL STATION, KOTTAYAM, PIN-686 001
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.17746 of 2021
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W.P.(C)No.17746 of 2021
J U D G M E N T
The grievance of the petitioner in the writ petition concerns the seniority of the part bill raised in respect of a work which is being executed by the petitioner as a contractor. It is alleged by the petitioner in the writ petition that on account of a defect in the bill which is not attributable to the petitioner, he is likely to lose the seniority of the bill.
instructions, submits that the seniority of the bill of the petitioner referred to in the writ petition will not be affected on account of the defect pointed out.
In the circumstances, the writ petition is closed recording the submission made by the learned Government Pleader.
Sd/- P.B.SURESH KUMAR, JUDGE
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W.P.(C) No.17746 of 2021
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APPENDIX OF WP(C) 17746/2021
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE AGREEMENT NO.57/SEMI/2019-20 WITH AGREEMENT SCHEDULE AND DRAWING DATED 06.12.2019
Exhibit P2 A TRUE COPY OF THE RELEVANT PAGES OF THE M BOOK CHECK MEASURED BY THE 4TH RESPONDENT FROM 19.02.2020 TO 30.04.2021
Exhibit P3 A TRUE COPY OF THE PART-WORK BILL PREPARED BY THE 3RD RESPONDENT AND CERTIFIED BY HIM DATED 15.07.2021
Exhibit P4 A TRUE COPY OF THE LETTER NO.E4/2018/2534/IA ISSUED BY THE 2ND RESPONDENT DATED 11.08.2021
Exhibit P5 A TRUE COPY OF THE LETTER NO.E/42018/2534/IA ISSUED BY THE 2ND RESPONDENT TO THE 1ST RESPONDENT DATED 15.02.2020
Exhibit P6 A TRUE COPY OF THE REPRESENTATION SUBMITTED TO THE 2ND RESPONDENT DATED 26.08.2021
Sirly Jose
Superintending Engineer, Minor Irrigation Circle, Kowdiar P.O., Thiruvananthapuram
Executive Engineer, Minor Irrigation Circle, Mini Civil Station, Kottayam
Asst.Engineer, Minor Irrigation Circle, Kurupamthara, Kottayam
Asst.Executive Engineer, Minor Irrigation Sub -Division Pala, Mini Civil Station, Pala
P.B.Suresh Kumar
As recorded by the court registry
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