D.Gopalarathinam vs The General Manager
2021 Latest Caselaw 5596 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                 THE HONOURABLE SMT. JUSTICE P.V.ASHA

     TUESDAY, THE 16TH DAY OF FEBRUARY 2021 / 27TH MAGHA,1942

                       WP(C).No.2093 OF 2021(J)


PETITIONER:

               D.GOPALARATHINAM,
               AGED 59 YEARS,
               S/O K.K.DASAYYA MUTHALIYAR,
               324, 7TH CROSS ROAD, FAIRLANDS,
               SALEM, TAMIL NADU.

               BY ADVS.
               SRI.S.SHANAVAS KHAN
               SMT.S.INDU

RESPONDENTS:

      1        THE GENERAL MANAGER,
               SOUTHERN RAILWAY HEAD QUARTERS OFFICE,
               PARTK TOWN, CHENNAI-600003.

      2        THE CHIEF ADMINISTRATIVE OFFICER (CONSTRUCTION),
               SOUTHERN RAILWAY HEAD QUARTERS OFFICE, PARK TOWN,
               EGMORE, CHENNAI-600003,
               IN CHAGE OF CHIEF ADMINISTRATIVE OFFICER,
               SOUTHERN RAILWAY, ERNAKULAM.

      3        THE FINANCIAL ADVISOR AND CHIEF ACCOUNTS OFFICER
               (CONSTRUCTION), SOUTHERN RAIWAY, EGMORE,
               CHENNAI-600003.

      4        THE CHIEF ENGINEER NORTH (CONSTRUCTION),
               SOUTHERN RAILWAY,
               ERNAKULAM-682016.

      5        THE DEPUTY CHIEF ENGINEER-II (CONSTRUCTION),
               SOUTHERN RAILWAY,
               ERNAKULAM-682016.

               BY ADV. SRI.A.DINESH RAO, SC, RAILWAYS

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION            ON
16.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.2093 OF 2021(J)

                                    2



                                JUDGMENT

The petitioner, who was awarded the

work of 'New BG line between Angamali and

Sabarimala - Proposed linking of track,

insertion of ballast, modification of level

crossing etc. from Ch:780 and 7575 between

Angamali and Kaladi Stations', could not

complete the same because the respondents

freezed the project and foreclosed the

agreement.

2. The petitioner seeks a direction to

the respondents to release the amount towards

the final bill, Price Variation Clause, GST

Neutralization, Security Deposit, Earnest

Money Deposit etc.

3. Sri.Dinesh Rao, learned Standing

Counsel for the Railway submitted that the

computation of final bill is pending and it WP(C).No.2093 OF 2021(J)

will take a few months for finalising the

same.

Therefore the writ petition is

disposed of with a direction to the

respondents to pay the entire amount due to

the petitioner, within a period of three

months from the date of receipt of a copy of

the judgment. Sd/-

P.V.ASHA JUDGE ww WP(C).No.2093 OF 2021(J)

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE LETTER OF ACCEPTANCE DATED 11/04/2013 ISSUED IN FAVOUR OF THE PETITIONER.

EXHIBIT P2 TRUE COPY OF THE COMMUNICATION DATED 19/01/2010 ISSUED BY THE 5TH RESPONDENT.