Kerala High Court
Anilkumar.Vr vs The State Of Kerala on 27 June, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE M.A.ABDUL HAKHIM
THURSDAY, THE 27TH DAY OF JUNE 2024 / 6TH ASHADHA, 1946
WP(C) NO. 4630 OF 2019
PETITIONER:
ANILKUMAR.VR
AGED 46 YEARS
S/O.RAGHAVAN,
VADAKKAN MANNOOR,
HELEBARIA P.O,
ELAPPARA,
IDUKKI DISTRICT.
BY ADVS.
T.B.SHAJIMON
SMT.GOVINDU P.RENUKADEVI
RESPONDENTS:
1 THE STATE OF KERALA
REP. BY THE SECRETARY,
SECRETARIAT,
PUBLIC WORK DEPARTMENT,
THIRUVANANTHAPURAM
PIN-600001.
2 THE EXECUTIVE ENGINEER,
OFFICE OF THE EXECUTIVE ENGINEER,
LSGD DIVISION IDUKKI,
PAINAVU,
IDUKKI DISTRICT
PIN-685603.
3 THE ASSISTANT EXECUTIVE ENGINEER,
LSGD DIVISION IDUKKI,
DISTRICT PANJAYATH,
IDUKKI DISTRICT,
PIN-685603.
4 THE ASSISTANT EXECUTIVE ENINEER,
LSGD SUB DIVISION AZHUTHA,
PIN-685531.
WP(C) NO.4630 OF 2019
2
5 THE ASSISTANT EXECUTIVE ENGINEER,
LSGD SECTION,
AZHUTHA BLOCK PANCHAYATH,
PIN-685531.
BY ADV GOVERNMENT PLEADER
SMT.K.B.SONY-GP
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY
HEARD ON 27.06.2024, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
WP(C) NO.4630 OF 2019
3
JUDGMENT
1. The petitioner has filed this writ petition seeking direction to disburse the amount covered by Exts.P1 to P3 bills with interest.
2. The 2nd respondent has filed a Counter affidavit dated 26/06/2009 stating that towards additional performance guarantee the petitioner produced forged fixed deposit receipts of the Bank and the respondent came to know the same, when the Bank communicated to the 2 nd respondent as per Exts.R2(a) and R2(b) letters. Criminal cases were also registered against the petitioner. Consequent to the said forgery, the license of the petitioner was also cancelled as per Ext.R2(c) dated 21/12/2018.
3. I heard the learned counsel for the petitioner and the learned Government Pleader.
4. The learned counsel for the petitioner submitted that the WP(C) NO.4630 OF 2019 4 issue with respect to the forgery is over as the petitioner was acquitted in the criminal case arising from the said crime. But the petitioner has not filed any reply affidavit to the counter affidavit filed by the 2nd respondent.
5. The learned Government Pleader submitted that there is disputes with regard to the amount also covered by Exts.P1 to P3.
6. In view of the above facts, I do not find any justifiable reason to invoke my jurisdiction under article 226 of the Constitution of India to give any relief to the petitioner.
7. Accordingly, this writ petition is dismissed by giving liberty to the petitioner to initiate appropriate proceedings for claiming the amount showed in this writ petition. Petitioner is free to invoke Section 14 of the Limitation Act also.
Sd/-
M.A.ABDUL HAKHIM JUDGE sms WP(C) NO.4630 OF 2019 5 APPENDIX OF WP(C) 4630/2019 PETITIONER EXHIBITS EXHIBIT P1 THE PHOTOSTAT COPY OF THE LETTER OF ACCEPTANCE DATE 7/02/2018.
EXHIBIT P2 THE PHOTOSTAT COPY OF THE SANCTION NOTICE DATED 17.2.2018.
EXHIBIT P3 THE PHOTOCOPY OF THE LETTER OF ACCEPTANCE 10/10/2017.
EXHIBIT P4 THE PHOTOCOPY OF THE LETTER DATED 1/1/2019.
EXHIBIT P5 THE COPY OF THE ANNUAL FEE EXPENSE EXHIBIT P6 THE MEDICAL RECORDS RESPONDENT EXHIBITS Exhibit R2(a) A TRUE COPY OF LETTER NO.
BR/GEN/11/18-19 DATED 23-05-2018 OF THE MANAGER, SOUTH INDIAN BANK, PEERMADE BRANCH.
Exhibit R2(b) A TRUE COPY OF LETTER NO.
BR/GEN/10/18-19 DATED 23-05-2018 OF THE MANAGER, SOUTH INDIAN BANK, PEERMADE BRANCH.
Exhibit R2(c) A TRUE COPY OF ORDER NO. FCP/3078/09 DATED 21-12-2018 OF THE SUPERINTENDING ENGINEER (ROAD AND BRIDGES), ALUVA.