Citation : 2021 Latest Caselaw 13382 Ker
Judgement Date : 28 June, 2021
WP(C) No.12243/2021 1/4
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
MONDAY, THE 28TH DAY OF JUNE 2021 / 7TH ASHADHA, 1943
WP(C) NO. 12243 OF 2021(E)
PETITIONER:
1. OJASVI'S CONSTRUCTION SOLUTIONS, A PARTNERSHIP FIRM, REGISTERED
UNDER THE INDIAN PARTNERSHIP ACT, REP. BY ITS MANAGING PARTNER, ARUN
P., S/O.P.PURUSHOTHAMAN, PARASAKTHI BUILDING, SHORANUR, PALAKKAD
DISTRICT, 679 122
RESPONDENTS:
1. STATE OF KERALA REP. BY ITS PRINCIPAL SECRETARY TO THE GOVERNMENT,
PUBLIC WORKS DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM 695 001
2. THE CHIEF ENGINEER (ROADS), PUBLIC WORKS DEPARTMENT, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM 695 001.
3. THE SUPERINTENDING ENGINEER, PUBLIC WORKS DEPARTMENT (ROADS AND
BRIDGES), CENTRAL CIRCLE, ALUVA 683 101
4. THE EXECUTIVE ENGINEER PUBLIC WORKS DEPARTMENT (ROADS DIVISION),
THRISSUR 680 001)
5. THE ASSISTANT EXECUTIVE ENGINEER ,PUBLIC WORKS DEPARTMENT (ROADS SUB
DIVISION), CHAVAKKAD 680 506
WRIT PETITION (CIVIL) praying inter alia that in the
circumstances stated in the affidavit filed along with WP(C) the High
Court be pleased to render an interim direction commanding the 2nd
respondent to relieve the petitioenr fromt the subject matter
contract without risk and cost, pending disposal of the writ petition
int he interest of justice.
This petition coming on for admission upon perusing the
petition and the affidavit filed in support of WP(C) and upon hearing
the arguments of SRI. BINOY VASUDEVAN Advocate for the petitioner the
court passed the following:
WP(C) No.12243/2021 2/4
EXHIBIT P15: TRUE COPY OF THE JUDGMENT DATED 12.02.2021 IN WP(C)
NO.1895/2021.
EXHIBIT P16: TRUE COPY OF THE COMMUNICATIN DATED 08.03.2021
FORWARDED BY THE 3RD RESPONDENT TO THE 2ND RESPONDENT.
WP(C) No.12243/2021 3/4
WP(C) No.12243/2021 4/4
P.B.SURESH KUMAR J.
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W.P.(C) No.12243 of 2021
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Dated this the 28th day of June, 2021.
ORDER
Heard the learned counsel for the petitioner as also the
learned Government Pleader.
Having regard to the facts and circumstances of the
case, especially Ext.P15 judgment of this Court, I deem it
appropriate to pass an interim order directing the second
respondent to pass final orders on Ext.P16 request made by the
third respondent, within two weeks from the date of production of a
copy of this order, after affording the petitioner an opportunity of
hearing. Ordered accordingly. Hearing ordered can be through
video conferencing as well.
Sd/-
P.B.SURESH KUMAR, JUDGE ds/28.6.2021
28-06-2021 /True Copy/ Assistant Registrar
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